Expanding the rights of domestic partners (E2SSB 5688)

This bill passed the Senate by a vote of 30-18 and the House 62-35. The Governor has indicated she will sign the legislation. This bill provides that for all purposes under state law, except RCW 26.04 (marriage) and where inconsistent with federal law, state registered domestic partners shall be treated the same as married spouses.

The new law amends many state statutes to include state registered domestic partners when spouses, marriage, marital, husband, wife, widow, widower, next-of-kin or family are referenced. A state certificate of domestic partnership fulfills eligibility requirements for public employee benefits and pensions.

Currently, there are 4,940 state registered domestic partnerships and that number, according to the office of the Secretary of State is expected to grow by 15 percent per year through 2015.

The print version of this article gives an incorrect effective date for this legislation. Unless a different date is specified, bills become law ninety days after the session adjourns.

This legislation could result in the following changes for local governments:

Employee benefits such as health, dental and other benefits covering spouses would become available to state registered domestic partners and their children.
Benefits and rights currently provided to spouses under the state retirement systems would be extended to state registered domestic partners. This would result in an increase in survivor benefits paid from the affected plans, such as an on-going monthly survivor annuity, and may increase pension contribution rates.
Payroll systems would need to be altered to distinguish domestic partners from married spouses for tax purposes.
Additional notices to state registered domestic partners would be required for a number of different types of legal action that require notice to family members.
Revision of property tax, courts, personnel and health care related forms would be required to include domestic partner language.
Additional court, prosecutor and public defense costs for civil and family law actions including dissolutions resulting from a larger population of potential parties.

For more information please contact Luann Daniels at luannd@awcnet.org .

Calculating compensation for public retirement purposes during the 2009-2011 fiscal biennium (SB 6157)

This bill was heard before the Senate Ways & Means Committee on April 16 and executive action was taken the same day. In the Public Employees’ Retirement Systems, retirement benefits are calculated using a formula that includes years of service and final average compensation. If passed, this bill would direct the Department of Retirement Systems (DRS) to include compensation that is lost during the 2009-2011 fiscal biennium as a result of reduced work hours, voluntary leave without pay, or temporary furloughs as long as the employer certifies the reduced compensation is due to the employer’s expenditure reduction efforts.

Delaying the implementation of the family leave insurance program (SB 6158, HB 2353)

The Family Leave Insurance Program, passed in 2007 to provide $250 per week for up to five weeks for individuals to care for a newly born or adopted child, is scheduled to begin October 1, 2009. SB 6158 delays the effective date until October 1, 2012. The bill was heard before the Senate Ways & Means Committee on April 16.

HB 2353 was introduced in the House and referred to the Ways & Means Committee on April 16. This bill provides that family leave insurance benefits become payable when the director of the state office of financial management determines that moneys are deposited and available in the family leave insurance account for the purposes of benefit payments. Given the current State fiscal crisis we expect one of these bills to pass.

Annexation of unincorporated areas served by fire protection districts (SB 5808)

This new law, signed by Governor Gregoire on Friday, April 10, sets forth procedures regarding employment rights of fire district fire fighters when any portion of a fire district is annexed or incorporated into a city, code city, or town. Please see the March 27 Bulletin for more details or contact Luann Daniels at luannd@awcnet.org .

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