Concerning membership in the public employees' retirement system for port workers who participate in a federal railroad retirement plan, a union-sponsored defined benefit retirement plan, or another employer-funded private pension plan.

 S-4289.2

SUBSTITUTE SENATE BILL 5905

State of Washington

69th Legislature

2026 Regular Session

By Senate Ways & Means (originally sponsored by Senator Short)

READ FIRST TIME 02/04/26.

AN ACT Relating to membership in the public employees' retirement system for port workers who participate in a federal railroad retirement plan, a union-sponsored defined benefit retirement plan, or another employer-funded private pension plan; amending RCW 41.40.023 ; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the department of retirement systems and a port district employer made a mutual mistake regarding the retirement system coverage of certain port employees who are railroad workers participating in the federal railroad retirement system. When the port district joined the public employees' retirement system in September 2023, these employees were inadvertently included in the definition of eligible employee for purposes of membership in the public employees' retirement system membership prior to the enactment of an explicit statutory exemption.

The legislature further finds that it has never been the legislature's intent for an employee to be covered by more than one public retirement plan for the same period of service, or for an employer to be required to make retirement contributions to more than one plan for the same employee and period of service.