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Personnel & Labor Relations
AWC Priority
PERS Gain-Sharing (HB 1771/SB 5779)
These bills would implement Governor Gregoire’s proposal to revise gain-sharing and make other benefit changes in the Public Employees’ Retirement System (PERS) as well as the retirement systems for teachers and school employees.
Specifically, they would:
- Eliminate the gain-sharing benefit effective January 1, 2008, after one additional disbursement;
- Make changes to the defined contribution portion of Plan 3, creating an optional "assured benefit program" that would in effect allow current Plan 3 members to receive a two percent benefit formula at retirement;
- Provide Plan 1 retirees with an increase in their Uniform COLA Amount; and
- Allow new members of the teachers’ and school employees’ retirement systems to choose between Plan 2 and Plan 3 (new PERS employees already have that right).
Another bill, SB 5668, sponsored by Sen. Karen Fraser (D-Olympia), would eliminate gain-sharing for all future hires but maintain the benefit for current employees.
The Governor’s proposal is in line with AWC’s position on gain-sharing. We will provide more information when the State Actuary’s Office has completed its fiscal analysis of these bills, which have not yet been scheduled for hearings.
Presumptive Disease for Firefighters (HB 1833/SB 5741)
Introduced on January 29, these bills would further expand the diseases and conditions that would be presumed to be occupational illnesses for firefighters, entitling them to workers’ compensation benefits, unless rebutted by "clear, cogent and convincing" evidence.
The bills add five additional kinds of cancer and "any health condition that results in total or partial disability within 72 hours of exposure to smoke, fumes, toxic substances or strenuous physical exertion." In addition, they award the employee attorneys’ fees, expert witness fees, and all other costs if successful on appeal or in court.
AWC is very concerned about the fiscal impact of these changes on cities. We would greatly appreciate it if city workers’ compensation experts and attorneys could closely review the legislation and provide us with analysis and feedback. Please contact Deanna Krell, deannak@awcnet.org.
Six-Year Collective Bargaining Agreements (SB 5251)
SB 5251 passed out of the Senate Labor, Commerce, Research & Development Committee on January 30 and is now in the Senate Rules Committee. Supported by AWC, this bill allows local governments and their unions to agree to six-year labor contracts, rather than the current maximum of three years. See last week’s Bulletin for more information.
Paid Military Leave for Public Employees (HB 1127)
This bill would increase the amount of paid military leave that would be provided to public employees from fifteen days to thirty days.
The House State Government & Tribal Affairs Committee passed the bill on January 24 and it is now in the House Rules Committee. We had assumed it would have been referred to the Appropriations Committee because of its fiscal impact but that did not happen.
If you have concerns about this bill, you should contact your House members as soon as possible – the bill could be voted on by the full House at any time.
Family and Medical Leave Insurance (HB 1658, SB 5659)
The House Commerce & Labor Committee will hold a hearing on HB 1658 on Tuesday, February 6, at 1:30 pm. See last week’s Bulletin for more information on the bill, which would establish an insurance program to pay employees for up to five weeks of family leave.
The Senate bill, which is in the Labor, Commerce, Research & Development Committee, has not yet been scheduled for a hearing.
Definition of Disability (HB 1322, SB 5340)
The House Judiciary Committee will hold a hearing on HB 1322 on Tuesday, February 6, at 10 am. The Senate Judiciary Committee held a hearing on SB 5340 on January 12, but has yet to take action on the bill.
This legislation makes sweeping changes to the definition of disability in the Washington Law Against Discrimination. It expands the definition to encompass any impairment, temporary or permanent, that is medically cognizable or diagnosable, regardless of whether the impairment has any impact on the individual’s work or life. See the January 12 issue of the Legislative Bulletin for more information.
Pensions for Survivors of Pre-LEOFF Firefighters (HB 1824)
HB 1824 would allow survivors of pre-LEOFF firefighters killed in the line of duty or retired because of a duty-related disability to remarry without losing their survivor pension benefits. It will be heard by the House Appropriations Committee on Thursday, February 8, at 3:30 pm.
If your city pays pensions benefits to pre-LEOFF firefighters and/or their survivors, AWC would appreciate hearing your assessment of the fiscal impacts of this change.
Limiting Contracts for Correctional Industries Services (HB 1762)
The House Local Government Committee will hold a hearing on HB 1762 on Tuesday, February 6, at 1:30 pm.
Similar to legislation that failed in 2006, this bill would prohibit local governments from contracting for inmate labor with the Correctional Industries division of the State Department of Corrections if doing so would result in the termination of unionized employees, unless there had been a prior agreement that bargaining unit work could be performed by prison labor.
These bills would simply exclude public employees from prevailing wage requirements and surveys to determine prevailing wages. The Senate bill title was amended to reflect that public employees are excluded from prevailing wage provisions. Both bills have passed out of their respective committees and are now in Rules.
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