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SSB 5738

Momentum Bucket Early Stage
Legal Title AN ACT Relating to permitting individuals retired from the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, and the public safety employees' retirement system additional opportunities to work for up to 1,040 hours per year while in receipt of pension benefits;
Bill Description Permitting individuals retired from the public employees' retirement system, the teachers' retirement system, the school employees' retirement system, and the public safety employees' retirement system additional opportunities to work for up to 1,040 hours per year while in receipt of pension benefits.
What this bill does
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The bill amends multiple Washington retirement statutes to change how pension benefits are reduced when a retiree returns to work sooner than one full calendar month after their accrual date. For affected sections the retiree’s monthly benefit is reduced by 5.5% for each unit of hours worked in a month (the bill uses either seven-hour or eight-hour units depending on the statute), with monthly accrual caps of 140 hours for seven-hour units and 160 hours for eight-hour units. Any monthly reduction that exceeds 100% is carried forward and applied against benefits in subsequent months. A retiree who observes the one-month break may work up to 867 hours in a calendar year in eligible positions without suspension of benefits. The bill also creates temporary exceptions allowing certain retirees to continue receiving pension payments while working up to 1,040 hours in a school year or calendar year in specified school-district positions or, for a limited period, in nonadministrative licensed nurse positions for state agencies; those temporary authorizations run to January 1, 2030 and have specified effective date ranges. It permits retirees to reestablish membership under cited RCWs (terminating retirement status, making contributions, receiving membership credit, and later retiring again if eligible), and in one provision reinstates a prior retirement formula and survivor options if re-retirement is effective before two uninterrupted years of service. The department must provide information to the state actuary for the select committee on pension policy. The Legislature expressly reserves the right to amend or repeal subsections and states that members have no contractual right to be employed beyond the statutory hour or time thresholds without pension reduction (the bill references thresholds including 525 hours in one subsection, 867 hours in others, and elsewhere frames the limit as not more than five months in a calendar year). The act includes an emergency clause and takes effect immediately. Some statutory text and definitions are not included in the provided material: the bill repeatedly references terms defined in other RCWs (for example, “accrual date,” “eligible position,” plan 1/2/3, and definitions of firefighter and law enforcement officer) but those definitions are not in the extracted text, and one amended section (RCW 41.40.037) and parts of RCW 41.37.050 are incomplete in the provided excerpts.
Why it matters
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If enacted, retirees who return to public employment sooner than one full calendar month after their accrual date will likely see their monthly pension cut sharply while they work: the law applies a 5.5% reduction for each sevenor eight-hour work unit (depending on the plan) up to a monthly cap, and any reduction that exceeds the benefit can be carried forward. Retirees who wait the required one-month break can work up to 867 hours a year in eligible positions without losing benefits, and through the dates shown in the bill some retirees working in nonadministrative school district jobs or as licensed nurses for state agencies can continue to get pension checks until they exceed about 1,040 hours in a year; those who choose to rejoin the system must stop receiving retirement pay, make contributions, earn membership credit, and can later retire again with possible reinstatement of prior benefit options if they re-retire quickly. The people and organizations most affected are retirees who want to return to work, school districts and state agencies that hire retired staff, institutions of higher education, and the pension administration and actuarial offices that must track hours and provide data; employers may gain flexibility to hire retirees for limited hours but also must monitor and report hours to avoid unintended pension reductions, and pension administrators will have added reporting and actuarial analysis duties. Key technical terms and some amended sections are not fully shown in the extracted text (for example, exact definitions of “accrual date,” “eligible position,” and some amended RCWs), so how some rules apply in specific situations remains unclear.
Official Documents View Full Bill Text
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SSB 5738 Details and Bill Topics

Details

Date Introduced 02/27/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $5,648,715.00

Bill Topics

RETIREMENT AND PENSIONS

SSB 5738 Sponsors and Committee Hearings

Sponsors

Senator Wellman (Primary)
Senator Short
Senator Cortes
Senator Warnick
Senator Cleveland
Senator Liias
Senator Stanford
Senator Valdez
Senator C. Wilson

Committee Hearings

Hearing Senate Ways & Means (Public)
Hearing Senate Ways & Means (Executive)
Hearing House Appropriations (Public)
Hearing House Appropriations (Executive)
Go to SSB 5738 at leg.wa.gov

SSB 5738 Bill Timeline

Early Stage
1/11/2026
SRules X
Senate Rules "X" file.
1/11/2026
SRules X
By resolution, reintroduced and retained in present status.
4/26/2025
SRules X
By resolution, returned to Senate Rules Committee for third reading.
4/7/2025
SRules X
Referred to Rules 2 Review.
4/4/2025
SRules X
APP - Majority; do pass.
4/4/2025
SRules X
APP - Executive action taken by committee.
3/13/2025
SRules X
First reading, referred to Appropriations.
3/11/2025
SRules X
Third reading, passed; yeas, 41; nays, 7; absent, 0; excused, 1.
3/11/2025
SRules X
Rules suspended. Placed on Third Reading.
3/11/2025
SRules X
1st substitute bill substituted.
3/10/2025
SRules X
Placed on second reading by Rules Committee.
2/27/2025
SRules X
Passed to Rules Committee for second reading.
2/26/2025
SRules X
Minority; without recommendation.
2/26/2025
SRules X
Minority; do not pass.
2/26/2025
SRules X
WM - Majority; 1st substitute bill be substituted, do pass.
2/11/2025
Ssubst for
First reading, referred to Ways & Means.

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