AN
ACT Relating to the Washington state patrol surviving spouse retirement
allowance; amending RCW 43.43.120 and 43.43.274; and adding new sections to
chapter 43.43 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.43.120 and 1983 c 81 s 1 are each amended to read as follows:
As
used in the following sections, unless a different meaning is plainly required
by the context:
(1)
"Retirement system" means the Washington state patrol retirement system.
(2)
"Retirement fund" means the Washington state patrol retirement fund.
(3)
"State treasurer" means the treasurer of the state of Washington.
(4)
"Member" means any person included in the membership of the
retirement fund.
(5)
"Employee" means any commissioned employee of the Washington state
patrol.
(6)(a)
"Cadet," for a person who became a member of the retirement system
after June 12, 1980, is a person who has passed the Washington state patrol's
entry-level oral, written, physical performance, and background examinations
and is, thereby, appointed by the chief as a candidate to be a commissioned
officer of the Washington state patrol.
(b)
"Cadet," for a person who became a member of the retirement system
before June 12, 1980, is a trooper cadet, patrol cadet, or employee of like
classification, employed for the express purpose of receiving the on-the-job
training required for attendance at the state patrol academy and for becoming a
commissioned trooper. "Like classification" includes: Radio operators
or dispatchers; persons providing security for the governor or legislature;
patrolmen; drivers' license examiners; weighmasters; vehicle safety inspectors;
central wireless operators; and warehousemen.
(7)
"Beneficiary" means any person in receipt of retirement allowance or
any other benefit allowed by this chapter.
(8)
"Regular interest" means interest compounded annually at such rates
as may be determined by the director.
(9)
"Retirement board" means the board provided for in this chapter.
(10)
"Insurance commissioner" means the insurance commissioner of the
state of Washington.
(11)
"Lieutenant governor" means the lieutenant governor of the state of
Washington.
(12)
"Service" shall mean services rendered to the state of Washington or
any political subdivisions thereof for which compensation has been paid. Full
time employment for seventy or more hours in any given calendar month shall
constitute one month of service. An employee who is reinstated in accordance
with RCW 43.43.110 shall suffer no loss of service for the period reinstated
subject to the contribution requirements of this chapter. Only months of
service shall be counted in the computation of any retirement allowance or
other benefit provided for herein. Years of service shall be determined by
dividing the total number of months of service by twelve. Any fraction of a
year of service as so determined shall be taken into account in the computation
of such retirement allowance or benefit.
(13)
"Prior service" shall mean all services rendered by a member to the
state of Washington, or any of its political subdivisions prior to August 1,
1947, unless such service has been credited in another public retirement or
pension system operating in the state of Washington.
(14)
"Current service" shall mean all service as a member rendered on or
after August 1, 1947.
(15)
"Average final salary" shall mean the average monthly salary received
by a member during the member's last two years of service or any consecutive
two-year period of service, whichever is the greater, as an employee of the
Washington state patrol; or if the member has less than two years of service,
then the average monthly salary received by the member during the member's
total years of service.
(16)
"Actuarial equivalent" shall mean a benefit of equal value when
computed upon the basis of such mortality table as may be adopted and such
interest rate as may be determined by the director.
(17)
Unless the context expressly indicates otherwise, words importing the masculine
gender shall be extended to include the feminine gender and words importing the
feminine gender shall be extended to include the masculine gender.
(18)
"Director" means the director of the department of retirement
systems.
(19)
"Department" means the department of retirement systems created in
chapter 41.50 RCW.
(20)
"State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(21)
"Contributions" means the deduction from the compensation of each
member in accordance with the contribution rates established under RCW
43.43.300.
(22)
"Annual increase" means as of July 1, 1999, seventy-seven cents per
month per year of service which amount shall be increased each subsequent July
1st by three percent, rounded to the nearest cent.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.43 RCW to read as follows:
(1)
Beginning July 1, 1999, and annually thereafter, the surviving spouse allowance
provided in RCW 43.43.270 shall be adjusted by the annual increase amount. To
be eligible, a surviving spouse must have attained at least age sixty-six by
July 1st in the calendar year in which the annual increase is provided.
(2)
The legislature reserves the right to amend or repeal this section in the
future and no member or beneficiary has a contractual right to receive this
postretirement adjustment not granted prior to that time.
Sec.
3. RCW
43.43.274 and 1997 c 72 s 1 are each amended to read as follows:
Effective
July 1, 1997, the retirement allowance under RCW 43.43.260 and 43.43.270(2)
shall not be less than twenty dollars per month for each year of service. Effective
July 1, 1999, and annually thereafter, the retirement allowance provided under
this section shall be adjusted by the annual increase amount. If the
member has elected to receive a reduced retirement allowance under RCW
43.43.280(2), the minimum retirement allowance under this section shall be
reduced accordingly.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.43 RCW to read as follows:
By July 1, 2000, the department of retirement systems shall adopt
rules that allow a member to select, in lieu of benefits under RCW 43.43.270,
an actuarially equivalent retirement option that pays the member a reduced
retirement allowance and upon death shall be continued throughout the life of a
lawful surviving spouse. The continuing allowance to the lawful surviving
spouse shall be subject to the yearly increase provided by RCW 43.43.260(5) in
lieu of the annual increase provided in section 2 of this act.
