H-4776.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2867
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Appropriations (originally sponsored by Representatives H. Sommers, Edmondson, Horn, Orr, Winsley, Jones, Paris, Wood, Bray and J. Kohl)
Read first time 02/11/92.
AN ACT Relating to reimbursement of insurance premiums for retired law enforcement officers and fire fighters; and amending RCW 41.18.060, 41.20.120, and 41.26.150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.18.060 and 1969 ex.s. c 209 s 30 are each amended to read as follows:
Whenever
the retirement board, pursuant to examination by the board's physician and such
other evidence as it may require, shall find a ((fireman)) fire
fighter has been disabled while in the performance of his or her
duties it shall declare ((him)) the fire fighter inactive. For a
period of six months from the time of ((such)) the disability ((he))
the fire fighter shall draw from the pension fund a disability allowance
equal to his or her basic monthly salary and, in addition, ((he))
shall be provided with medical, hospital and nursing care as long as the
disability exists. The board may, at its discretion, elect to reimburse the
disabled fire fighter for premiums the fire fighter has paid for medical
insurance that supplements medicare, including premiums the fire fighter has
paid for medicare part B coverage. If the board finds at the expiration of
six months that the ((fireman)) fire fighter is unable to return
to and perform his or her duties, ((then he)) the fire fighter
shall be retired at a monthly sum equal to fifty percent of the amount of his or
her basic salary at any time thereafter attached to the rank which he or
she held at the date of ((his)) retirement: PROVIDED, That where,
at the time of retirement hereafter for disability under this section, ((such
fireman)) the fire fighter has served honorably for a period of more
than twenty-five years as a member, in any capacity of the regularly constituted
fire department of a municipality, ((he)) the fire fighter shall
have his or her pension payable under this section increased by two
percent of his or her basic salary per year for each full year of
additional service to a maximum of five additional years.
Sec. 2. RCW 41.20.120 and 1961 c 191 s 4 are each amended to read as follows:
Whenever
any active member of the police department, or any member hereafter retired, on
account of service, sickness or disability, not caused or brought on by
dissipation or abuse, of which the board shall be judge, is confined in any
hospital or in his or her home and, whether or not so confined, requires
nursing, care, or attention, the board shall pay for ((such)) the
active member the necessary hospital, care, and nursing expenses of ((such))
the member out of the fund; and the board may pay for ((such)) the
retired member hospital, care, and nursing expenses as are reasonable, in the
board's discretion. The board may, at its discretion, elect, in lieu of
paying some or all such expenses for the retired member, to reimburse the
retired member for premiums the member has paid for medical insurance that
supplements medicare, including premiums the member has paid for medicare part
B coverage. The salary of ((such)) the active member shall
continue while he or she is necessarily confined to ((such)) the
hospital or home or elsewhere during the period of recuperation, as determined
by the board, for a period not exceeding six months; after which period the
other provisions of this chapter shall apply: PROVIDED, That the board in all
cases may have the active or retired member suffering from such sickness or
disability examined at any time by a licensed physician or physicians, to be
appointed by the board, for the purpose of ascertaining the nature and extent
of the sickness or disability, the physician or physicians to report to the
board the result of the examination within three days thereafter. Any active
or retired member who refuses to submit to such examination or examinations
shall forfeit all his or her rights to benefits under this section:
PROVIDED FURTHER, That the board shall designate the hospital and medical
services available to ((such)) the sick or disabled policeman.
Sec. 3. RCW 41.26.150 and 1991 c 35 s 22 are each amended to read as follows:
(1)
Whenever any active member, or any member hereafter retired, on account of
service, sickness, or disability, not caused or brought on by
dissipation or abuse, of which the disability board shall be judge, is confined
in any hospital or in home, and whether or not so confined, requires medical
services, the employer shall pay for ((such)) the active or
retired member the necessary medical services not payable from some other
source as provided for in subsection (2) of this section. In the case of
active or retired fire fighters the employer may make the payments provided for
in this section from the firemen's pension fund established pursuant to RCW
41.16.050 where ((such)) the fund had been established prior to
March 1, 1970. If this pension fund is depleted, the employer shall have the
obligation to pay all benefits payable under chapters 41.16 and 41.18 RCW.
(a)
The disability board in all cases may have the active or retired member
suffering from such sickness or disability examined at any time by a licensed
physician or physicians, to be appointed by the disability board, for the
purpose of ascertaining the nature and extent of the sickness or disability,
the physician or physicians to report to the disability board the result of the
examination within three days thereafter. Any active or retired member who
refuses to submit to such examination or examinations shall forfeit all rights
to benefits under this section for the period of ((such)) the
refusal.
(b) The disability board shall designate the medical services available to any sick or disabled member.
(2)
The medical services payable under this section will be reduced by any amount
received or eligible to be received by the member under workers' compensation,
social security including the changes incorporated under Public Law 89‑97
((as now or hereafter amended)), insurance provided by another employer,
other pension plan, or any other similar source. Failure to apply for coverage
if otherwise eligible under the provisions of Public Law 89‑97 ((as
now or hereafter amended)) shall not be deemed a refusal of payment of
benefits thereby enabling collection of charges under the provisions of this
chapter.
(3)
Upon making ((such)) the payments ((as are)) provided for
in subsection (1) of this section, the employer shall be subrogated to all
rights of the member against any third party who may be held liable for the
member's injuries or for ((the)) payment of the cost of medical services
in connection with a member's sickness or disability to the extent necessary to
recover the amount of payments made by the employer.
(4)
Any employer under this chapter, either singly, or jointly with any other such
employer or employers through an association thereof as provided for in chapter
48.21 RCW, may provide for all or part of one or more plans of group
hospitalization and medical aid insurance to cover any of its employees who are
members of the Washington law enforcement officers' and fire fighters'
retirement system, and/or retired former employees who were, before retirement,
members of ((said)) the retirement system, through contracts with
regularly constituted insurance carriers, with health maintenance organizations
as defined in chapter 48.46 RCW, or with health care service contractors as
defined in chapter 48.44 RCW. Benefits payable under any ((such)) the
plan or plans shall be deemed to be amounts received or eligible to be received
by the active or retired member under subsection (2) of this section.
(5) Any employer under this chapter may, at its discretion, elect to reimburse a retired former employee under this chapter for premiums the retired former employee has paid for medical insurance that supplements medicare, including premiums the retired former employee has paid for medicare part B coverage.