BILL REQ. #: Z-1073.2
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/14/10. Referred to Committee on Ways & Means.
AN ACT Relating to transferring the administration of the voluntary firefighters' and reserve officers' relief and pension system to the department of retirement systems; amending RCW 41.24.010, 41.24.030, 41.24.035, 41.24.070, 41.24.080, 41.24.110, 41.24.120, 41.24.150, 41.24.155, 41.24.160, 41.24.185, 41.24.190, 41.24.210, 41.24.215, 41.24.245, 41.24.290, 41.24.300, 41.24.310, 41.24.340, 41.24.410, and 41.24.460; reenacting and amending RCW 41.24.172; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.24.010 and 2006 c 26 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Municipal corporation" or "municipality" includes any county,
city, town or combination thereof, fire protection district, local law
enforcement agency, or any emergency medical service district or other
special district, authorized by law to protect life or property within
its boundaries through a fire department, emergency workers, or reserve
officers.
(2) "Fire department" means any regularly organized fire department
or emergency medical service district consisting wholly of volunteer
firefighters, or any part-paid and part-volunteer fire department duly
organized and maintained by any municipality: PROVIDED, That any such
municipality wherein a part-paid fire department is maintained may by
appropriate legislation permit the full-paid members of its department
to come under the provisions of chapter 41.16 RCW.
(3) "Firefighter" includes any firefighter or emergency worker who
is a member of any fire department of any municipality but shall not
include firefighters who are eligible for participation in the
Washington law enforcement officers' and firefighters' retirement
system or the Washington public employees' retirement system, with
respect to periods of service rendered in such capacity.
(4) "Emergency worker" means any emergency medical service
personnel, regulated by chapters 18.71 and 18.73 RCW, who is a member
of an emergency medical service district but shall not include
emergency medical service personnel who are eligible for participation
in the Washington law enforcement officers' and firefighters'
retirement system or the Washington public employees' retirement
system, with respect to periods of service rendered in such capacity.
(5) "Performance of duty" or "performance of service" shall be
construed to mean and include any work in and about company quarters,
any fire station, any law enforcement office or precinct, or any other
place under the direction or general orders of the chief or other
officer having authority to order such member to perform such work;
performing other officially assigned duties that are secondary to his
or her duties as a firefighter, emergency worker, or reserve officer
such as maintenance, public education, inspections, investigations,
court testimony, and fund-raising for the benefit of the department;
being on call or on standby under the orders of the chief or designated
officer of the department, except at the individual's home or place of
business; responding to, working at, or returning from an alarm of
fire, emergency call, or law enforcement duties; drill or training; or
any work performed of an emergency nature in accordance with the rules
and regulations of the fire department or local law enforcement agency.
(6) "State board" means the state board for volunteer firefighters
and reserve officers.
(7) "Board of trustees" or "local board" means: (a) For matters
affecting firefighters, a firefighter board of trustees created under
RCW 41.24.060; (b) for matters affecting an emergency worker, an
emergency medical service district board of trustees created under RCW
41.24.330; or (c) for matters affecting reserve officers, a reserve
officer board of trustees created under RCW 41.24.460.
(8) "Appropriate legislation" means an ordinance when an ordinance
is the means of legislating by any municipality, and resolution in all
other cases.
(9) "Reserve officer" means the same as defined by the Washington
state criminal justice training commission under chapter 43.101 RCW,
but shall not include enforcement officers who are eligible for
participation in the Washington law enforcement officers' and
firefighters' retirement system or the Washington public employees'
retirement system, with respect to periods of service rendered in such
capacity.
(10) "Participant" means: (a) For purposes of relief, any reserve
officer who is or may become eligible for relief under this chapter or
any firefighter or emergency worker; and (b) for purposes of retirement
pension, any firefighter, emergency worker, or reserve officer who is
or may become eligible to receive a benefit of any type under the
retirement provisions of this chapter, or whose beneficiary may be
eligible to receive any such benefit.
(11) "Relief" means all medical, death, and disability benefits
available under this chapter that are made necessary from death,
sickness, injury, or disability arising in the performance of duty,
including benefits provided under RCW 41.24.110, 41.24.150, 41.24.160,
41.24.175, 41.24.220, and 41.24.230, but does not include retirement
pensions provided under this chapter.
(12) "Retirement pension" means retirement payments for the
performance of service, as provided under RCW 41.24.170, 41.24.172,
41.24.175, 41.24.180, and 41.24.185.
(13) "Principal fund" means the volunteer firefighters' and reserve
officers' relief and pension principal fund created under RCW
41.24.030.
(14) "Administrative fund" means the volunteer firefighters' and
reserve officers' administrative fund created under RCW 41.24.030.
(15) "Department" means the department of retirement systems.
Sec. 2 RCW 41.24.030 and 2005 c 37 s 2 are each amended to read
as follows:
(1) The volunteer firefighters' and reserve officers' relief and
pension principal fund is created in the state treasury as a trust fund
for the benefit of the participants covered by this chapter consisting
of:
(a) All bequests, fees, gifts, emoluments, or donations given or
paid to the fund.
(b) An annual fee for each member of its fire department to be paid
by each municipal corporation for the purpose of affording relief
provided in this chapter for firefighters as follows:
(i) Thirty dollars for each volunteer or part-paid member of its
fire department;
(ii) A sum equal to one and one-half of one percent of the annual
salary attached to the rank of each full-paid member of its fire
department, prorated for 1970 on the basis of services prior to March
1, 1970.
(c) An annual fee for each emergency worker of an emergency medical
service district paid by the district that is sufficient to pay the
full costs of covering the emergency worker under the relief provisions
of this chapter, including operating expenses. The state board shall
determine the amount of this fee based on the latest actuarial
valuation of the system.
(d) Where a municipal corporation has elected to make relief
provisions of this chapter available to its reserve officers, an annual
fee for each reserve officer paid by the municipal corporation that is
sufficient to pay the full costs of covering the reserve officer under
the relief provisions of this chapter, including operating expenses.
The state board shall determine the amount of this fee based on the
latest actuarial valuation of the system.
(e) Where a municipal corporation has elected to make the
retirement pension provisions of this chapter available to members of
its fire department, an annual fee of sixty dollars for each of its
firefighters electing to enroll, thirty dollars of which shall be paid
by the municipality and thirty dollars of which shall be paid by the
firefighter. However, nothing in this section prohibits any
municipality from voluntarily paying the firefighters' fee for this
retirement pension coverage.
(f) Where an emergency medical service district has elected to make
the retirement pension provisions of this chapter available to its
emergency workers, for each emergency worker electing to enroll: (i)
An annual fee of thirty dollars shall be paid by the emergency worker;
and (ii) an annual fee paid by the emergency medical service district
that, together with the thirty-dollar fee per emergency worker, is
sufficient to pay the full costs of covering the emergency worker under
the retirement pension benefits provided under this chapter, including
operating expenses. The state board shall determine the amount of this
fee based on the latest actuarial valuation of the system. However,
nothing in this section prohibits any emergency medical service
district from voluntarily paying the emergency workers' fees for this
retirement pension coverage.
(g) Where a municipal corporation has elected to make the
retirement pension provisions of this chapter available to its reserve
officers, for each reserve officer electing to enroll: (i) An annual
fee of thirty dollars shall be paid by the reserve officer; and (ii) an
annual fee paid by the municipal corporation that, together with the
thirty-dollar fee per reserve officer, is sufficient to pay the full
costs of covering the reserve officer under the retirement pension
benefits provided under this chapter, including operating expenses.
The state board shall determine the amount of this fee based on the
latest actuarial valuation of the system. However, nothing in this
section prohibits any municipal corporation from voluntarily paying the
reserve officers' fees for this retirement pension coverage.
(h) Moneys transferred from the administrative fund, as provided
under subsection (4) of this section, which may only be used to pay
relief and retirement pensions for firefighters.
(i) Earnings from the investment of moneys in the principal fund.
(2) The state investment board, upon request of the state treasurer
shall have full power to invest, reinvest, manage, contract, sell, or
exchange investments acquired from that portion of the amounts credited
to the principal fund as is not, in the judgment of the ((state board))
department, required to meet current withdrawals. Investments shall be
made in the manner prescribed by RCW 43.84.150 and not otherwise.
All bonds, investments, or other obligations purchased by the state
investment board shall be placed in the custody of the state treasurer,
and he or she shall collect the principal thereof and interest thereon
when due.
The state investment board may sell any of the bonds, investments,
or obligations so acquired and the proceeds thereof shall be paid to
the state treasurer.
(3) The interest, earnings, and proceeds from the sale and
redemption of any investments held by the principal fund and invested
by the state investment board shall be credited to and form a part of
the principal fund, less the allocation to the state investment board
expense account pursuant to RCW 43.33A.160.
Subject to restrictions contained in this chapter, all amounts
credited to the principal fund shall be available for making the
benefit payments required by this chapter.
The state treasurer shall make an annual report showing the
condition of the fund.
(4) The volunteer firefighters' and reserve officers'
administrative fund is created in the state treasury. Moneys in the
fund, including unanticipated revenues under RCW 43.79.270, may be
spent only after appropriation, and may be used only for operating
expenses of the volunteer firefighters' and reserve officers' relief
and pension principal fund, the operating expenses of the volunteer
firefighters' and reserve officers' administrative fund, or for
transfer from the administrative fund to the principal fund.
(a) Forty percent of all moneys received by the state from taxes on
fire insurance premiums shall be paid into the state treasury and
credited to the administrative fund.
(b) The ((state board)) department shall compute a percentage of
the amounts credited to the administrative fund to be paid into the
principal fund.
(c) For the purpose of providing amounts to be used to defray the
cost of administration of the principal and administrative funds, the
((state board)) department shall ascertain at the beginning of each
biennium and request from the legislature an appropriation from the
administrative fund sufficient to cover estimated expenses for the
biennium.
Sec. 3 RCW 41.24.035 and 1999 c 148 s 4 are each amended to read
as follows:
The ((state board)) department is authorized to pay from the
earnings of the principal fund and administrative fund lawful
obligations of the system for legal expenses and medical expenses which
expenses are primarily incurred for the purpose of protecting the
principal fund or are incurred in compliance with statutes governing
such funds.
The term "legal expense" includes, but is not limited to, legal
services provided through the legal services revolving fund, fees for
expert witnesses, travel expenses, fees for court reporters, cost of
transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses
for the medical examination or reexamination of members or retirees,
the costs of preparation of medical reports, and fees charged by
medical professionals for attendance at discovery proceedings or
hearings.
Sec. 4 RCW 41.24.070 and 1999 c 148 s 7 are each amended to read
as follows:
The mayor or chair of the board or commission of any municipality
with a fire department, or his or her designee, shall be chair of the
firefighter board of trustees, and the clerk or comptroller or
secretary of any such municipality, board, or commission, or his or her
designee, shall be the secretary-treasurer of the board of trustees.
The secretary shall keep a public record of all proceedings and of
all receipts and disbursements made by the board of trustees, shall
make an annual report of its expenses and disbursements with a full
list of the beneficiaries of the principal fund in the municipality,
and shall make all required reports to the ((state board)) department.
The ((state board)) department shall provide all necessary forms to
firefighter boards of trustees.
Sec. 5 RCW 41.24.080 and 1999 c 148 s 8 are each amended to read
as follows:
The board of trustees of each municipal corporation shall provide
for enrollment of all members of its fire department under the relief
provisions of this chapter; provide for enrollment of all its reserve
officers under the relief provisions of this chapter if it has extended
these relief provisions to its reserve officers; receive all
applications for the enrollment under the retirement pension provisions
of this chapter when the municipality has extended these retirement
pension provisions to its firefighters or reserve officers; provide for
disbursements of relief; determine the eligibility of firefighters and
reserve officers for retirement pensions; and pass on all claims and
direct payment thereof from the principal fund to those entitled
thereto. Vouchers shall be issued to the persons entitled thereto by
the local board. It shall send to the ((state board)) department,
after each meeting, a voucher for each person entitled to payment from
the principal fund, stating the amount of such payment and for what
granted, which voucher shall be certified and signed by the chair and
secretary of the local board. The ((state board)) department, after
review and approval, shall cause a warrant to be issued on the
principal fund for the amount specified and approved on each voucher.
However, in retirement pension cases after the applicant's eligibility
for pension is verified, the ((state board)) department shall authorize
the regular issuance of monthly warrants or electronic transfers of
funds in payment of the retirement pension without further action of
the board of trustees of any such municipality.
Sec. 6 RCW 41.24.110 and 1999 c 148 s 10 are each amended to read
as follows:
The local board shall make provisions for reimbursing regularly
licensed practicing physicians and other medical staff who examine
participants making application for membership. Physicians and other
medical staff shall perform such services and operations and render all
medical aid and care necessary for the recovery and treatment of
participants on account of injury, sickness, or disability received
while in the performance of duties and shall be paid for these services
from the principal fund, but not in excess of the schedule of fees for
like services approved by the director of labor and industries under
Title 51 RCW. A physician or other medical staff, who is not approved
by the local board, shall not receive or be entitled to any
compensation from the principal fund as the private or attending
physician or other private or attending medical staff of any
participant. A person shall not have any right of action against the
local board for the negligence of any physician or other medical staff
who is reimbursed from the principal fund. Any physician or other
medical staff who is reimbursed from the principal fund for providing
service or care for a participant shall report his or her findings in
writing to the local board and the ((state board)) department.
Sec. 7 RCW 41.24.120 and 1999 c 148 s 11 are each amended to read
as follows:
The local board shall initially hear and decide all applications
for relief or retirement pensions under this chapter, subject to review
by((, or)) the department, and appeal by the proper person to, the
state board where decision on such ((review or)) appeal shall be final
and conclusive.
Sec. 8 RCW 41.24.150 and 2001 c 134 s 1 are each amended to read
as follows:
(1)(a) Whenever a participant becomes physically or mentally
disabled, injured, or sick, in consequence or as the result of the
performance of his or her duties, so as to be wholly prevented from
engaging in each and every duty of his or her regular occupation,
business, or profession, he or she shall be paid from the principal
fund monthly, an amount (i) equal to his or her monthly wage as
certified by the local board or (ii) two thousand five hundred fifty
dollars, whichever is less, for a period not to exceed six months, or
an amount equal to his or her daily wage as certified by the local
board or eighty-five dollars, whichever is less, per day for such
period as is part of a month, after which period, if the member is
incapacitated to such an extent that he or she is thereby prevented
from engaging in any occupation or performing any work for compensation
or profit or if the member sustained an injury after October 1, 1978,
which resulted in the loss or paralysis of both legs or arms, or one
leg and one arm, or total loss of eyesight, but such injury has not
prevented the member from engaging in an occupation or performing work
for compensation or profit, he or she is entitled to draw from the fund
monthly, the sum of one thousand two hundred seventy-five dollars so
long as the disability continues, except as hereinafter provided.
However, if the participant has a wife or husband and/or a child or
children unemancipated or under eighteen years of age, he or she is
entitled to draw from the fund monthly the additional sums of two
hundred fifty-five dollars because of the fact of his wife or her
husband, and one hundred ten dollars because of the fact of each child
unemancipated or under eighteen years of age, all to a total maximum
amount of two thousand five hundred fifty dollars.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the
compensation amounts specified in (a)(ii) of this subsection shall be
readjusted to reflect the percentage change in the consumer price
index, calculated as follows: The index for the calendar year
preceding the year in which the July calculation is made, to be known
as "calendar year A," is divided by the index for the calendar year
preceding calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately preceding the
July 1st on which the respective calculation is made. For the purposes
of this subsection, "index" means the same as the definition in RCW
2.12.037(1).
(2) The ((state board)) department may at any time reopen the grant
of such disability pension if the pensioner is gainfully employed, and
may reduce it in the proportion that the annual income from such
gainful employment bears to the annual income received by the pensioner
at the time of his or her disability.
(3) Where a participant sustains a permanent partial disability the
((state board)) department may provide that the injured participant
receive a lump sum compensation therefor to the same extent as is
provided for permanent partial disability under the workers'
compensation act under Title 51 RCW in lieu of such monthly disability
payments.
Sec. 9 RCW 41.24.155 and 2007 c 57 s 1 are each amended to read
as follows:
(1) One of the primary purposes of this section is to enable
injured participants to return to their regular occupation, business,
or profession, or to engage in any occupation or perform any work for
compensation or profit. To this end, the ((state board)) department
shall utilize the services of individuals and organizations, public or
private, whose experience, training, and interests in vocational
rehabilitation and retraining qualify them to lend expert assistance to
the ((state board)) department in such programs of vocational
rehabilitation as may be reasonable to make the participant return to
his or her regular occupation, business, or profession, or to engage in
any occupation or perform any work for compensation or profit
consistent with his or her physical and mental status. After
evaluation and recommendation by such individuals or organizations and
prior to final evaluation of the participant's permanent disability, if
in the sole opinion of the ((state board)) department, whether or not
medical treatment has been concluded, vocational rehabilitation is both
necessary and likely to enable the injured participant to return to his
or her regular occupation, business, or profession, or to engage in any
occupation or perform any work for compensation or profit, the ((state
board)) department may, in its sole discretion, pay the cost as
provided in subsection (3) or (4) of this section.
(2) When, in the sole discretion of the ((state board)) department,
vocational rehabilitation is both necessary and likely to make the
participant return to his or her regular occupation, business, or
profession, or to engage in any occupation or perform any work for
compensation or profit, then the following order of priorities shall be
used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same employer
including transitional return to work;
(c) A new job with the same employer in keeping with any
limitations or restrictions;
(d) Modification of a new job with the same employer including
transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment based upon
transferable skills;
(g) Modification of a new job with a new employer;
(h) A new job with a new employer or self-employment involving
on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs for
vocational rehabilitation benefits allowed by the ((state board))
department under subsection (1) of this section may include the cost of
books, tuition, fees, supplies, equipment, transportation, child or
dependent care, and other necessary expenses in an amount not to exceed
four thousand dollars. This amount must be used within fifty-two weeks
of the determination that vocational rehabilitation is permitted under
this section.
(b) The expenses allowed under (a) of this subsection may include
training fees for on-the-job training and the cost of furnishing tools
and other equipment necessary for self-employment or reemployment.
However, compensation or payment of retraining with job placement
expenses under (a) of this subsection may not be authorized for a
period of more than fifty-two weeks, except that such period may, in
the sole discretion of the ((state board)) department, after its
review, be extended for an additional fifty-two weeks or portion
thereof by written order of the ((state board)) department. However,
under no circumstances shall the total amount of benefit paid under
this section exceed four thousand dollars.
(4) In addition to the vocational rehabilitation expenditures
provided for under subsection (3) of this section, an additional five
thousand dollars may, upon authorization of the ((state board))
department, be expended for: (a) Accommodations for an injured
participant that are medically necessary for participation in an
approved retraining plan; and (b) accommodations necessary to perform
the essential functions of an occupation in which an injured
participant is seeking employment, consistent with the retraining plan
or the recommendations of a vocational evaluation. The injured
participant's attending physician or licensed advanced registered nurse
practitioner must verify the necessity of the modifications or
accommodations. The total expenditures authorized in this subsection
shall not exceed five thousand dollars.
(5) The ((state board)) department shall follow the established
criteria set forth by the department of labor and industries to monitor
the quality and effectiveness of rehabilitation services provided by
the individuals and organizations used under subsection (1) of this
section. The ((state board)) department shall make referrals for
vocational rehabilitation services based on these performance criteria.
(6) The ((state board)) department may engage, where feasible and
cost-effective, in a cooperative program with the state employment
security department to provide job placement services under this
section.
(7) Except as otherwise provided in this section, the vocational
benefits provided for in this section are available to participants who
have claims currently pending as of April 17, 2007, or whose injury
occurred on or after January 1, 2006.
Sec. 10 RCW 41.24.160 and 2001 c 134 s 2 are each amended to read
as follows:
(1)(a) Whenever a participant dies as the result of injuries
received, or sickness contracted in consequence or as the result of the
performance of his or her duties, the board of trustees shall order and
direct the payment from the principal fund of (i) the sum of one
hundred fifty-two thousand dollars to his widow or her widower, or if
there is no widow or widower, then to his or her dependent child or
children, or if there is no dependent child or children, then to his or
her dependent parents or either of them, or if there are no dependent
parents or parent, then the death benefit shall be paid to the member's
estate, and (ii)(A) the sum of one thousand two hundred seventy-five
dollars per month to his widow or her widower during his or her life
together with the additional monthly sum of one hundred ten dollars for
each child of the member, unemancipated or under eighteen years of age,
dependent upon the member for support at the time of his or her death,
(B) to a maximum total of two thousand five hundred fifty dollars per
month.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the
compensation amount specified in (a)(ii)(B) of this subsection shall be
readjusted to reflect the percentage change in the consumer price
index, calculated as follows: The index for the calendar year
preceding the year in which the July calculation is made, to be known
as "calendar year A," is divided by the index for the calendar year
preceding calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately preceding the
July 1st on which the respective calculation is made. For the purposes
of this subsection, "index" means the same as the definition in RCW
2.12.037(1).
(2) If the widow or widower does not have legal custody of one or
more dependent children of the deceased participant or if, after the
death of the participant, legal custody of such child or children
passes from the widow or widower to another person, any payment on
account of such child or children not in the legal custody of the widow
or widower shall be made to the person or persons having legal custody
of such child or children. Such payments on account of such child or
children shall be subtracted from the amount to which such widow or
widower would have been entitled had such widow or widower had legal
custody of all the children and the widow or widower shall receive the
remainder after such payments on account of such child or children have
been subtracted. If there is no widow or widower, or the widow or
widower dies while there are children, unemancipated or under eighteen
years of age, then the amount of one thousand two hundred seventy-five
dollars per month shall be paid for the youngest or only child together
with an additional one hundred ten dollars per month for each
additional of such children to a maximum of two thousand five hundred
fifty dollars per month until they become emancipated or reach the age
of eighteen years; and if there are no widow or widower, child, or
children entitled thereto, then to his or her parents or either of them
the sum of one thousand two hundred seventy-five dollars per month for
life, if it is proved to the satisfaction of the board that the
parents, or either of them, were dependent on the deceased for their
support at the time of his or her death. In any instance in
subsections (1) and (2) of this section, if the widow or widower, child
or children, or the parents, or either of them, marries while receiving
such pension the person so marrying shall thereafter receive no further
pension from the fund.
(3) In the case provided for in this section, the monthly payment
provided may be converted in whole or in part into a lump sum payment,
not in any case to exceed twelve thousand dollars, equal or
proportionate, as the case may be, to the actuarial equivalent of the
monthly payment in which event the monthly payments shall cease in
whole or in part accordingly or proportionately. Such conversion may
be made either upon written application to the ((state board))
department and shall rest in the discretion of the ((state board))
department; or the ((state board)) department is authorized to make,
and authority is given it to make, on its own motion, lump sum
payments, equal or proportionate, as the case may be, to the value of
the annuity then remaining in full satisfaction of claims due to
dependents. Within the rule under this subsection the amount and value
of the lump sum payment may be agreed upon between the applicant and
the ((state board)) department.
Sec. 11 RCW 41.24.172 and 1999 c 148 s 16 and 1999 c 117 s 6 are
each reenacted and amended to read as follows:
Before beginning to receive the retirement pension provided for in
RCW 41.24.170, the participant shall elect, in a writing filed with the
((state board)) department, to have the retirement pension paid under
either option 1 or 2, with option 2 calculated so as to be actuarially
equivalent to option 1.
(1) Option 1. A participant electing this option shall receive a
monthly pension payable throughout the participant's life. However, if
the participant dies before the total retirement pension paid to the
participant equals the amount paid on behalf of the participant into
the principal fund, then the balance shall be paid to the participant's
surviving spouse, or if there be no surviving spouse, then to the
participant's legal representatives.
(2) Option 2. A participant electing this option shall receive a
reduced monthly pension, which upon the participant's death shall be
continued throughout the life of and paid to the participant's
surviving spouse named in the written election filed with the ((state
board)) department, however, in the event that the surviving spouse
dies before the participant, the participant's monthly retirement
allowance shall increase, effective the first day of the following
month, to the monthly amount that would have been received had the
participant elected option 1.
Sec. 12 RCW 41.24.185 and 2003 c 62 s 2 are each amended to read
as follows:
Any monthly pension, payable under this chapter, which will not
amount to fifty dollars may be converted into a lump sum payment equal
to the actuarial equivalent of the monthly pension. The conversion may
be made either upon written application to the ((state board))
department and shall rest at the discretion of the ((state board))
department; or the ((state board)) department may make, on its own
motion, lump sum payments, equal or proportionate, as the case may be,
to the value of the annuity then remaining in full satisfaction of
claims due. Any person receiving a monthly payment of less than
twenty-five dollars at the time of September 1, 1979, may elect, within
two years, to convert such payments into a lump sum payment as provided
in this section.
Sec. 13 RCW 41.24.190 and 1995 c 11 s 11 are each amended to read
as follows:
The filing of reports of enrollment shall be prima facie evidence
of the service of the participants therein listed for the year of such
report as to service rendered subsequent to July 6, 1945. Proof of
service of ((firefighters [participants])) participants prior to that
date shall be by documentary evidence, or such other evidence reduced
to writing and sworn to under oath, as shall be submitted to the
((state board)) department and certified by it as sufficient.
Sec. 14 RCW 41.24.210 and 1999 c 148 s 19 are each amended to
read as follows:
A participant shall not receive relief for disability, sickness, or
injuries received in the performance of his or her duties, unless there
is filed with the board of trustees a report of accident, which report
shall be subscribed to by the claimant, the head of the department, and
the authorized attending physician, if there is one. A claim for
benefits arising from disability, sickness, or injuries incurred in
consequence or as a result of the performance of duties shall not be
allowed by the ((state board)) department unless there has been filed
with it a report of accident within ninety days after its occurrence
and a claim based thereon within one year after the occurrence of the
accident on which such claim is based. The ((state board)) department
may require such other or further evidence as it deems advisable before
ordering any relief.
Sec. 15 RCW 41.24.215 and 2005 c 37 s 3 are each amended to read
as follows:
(1) If an injured volunteer seeks damages from a third party, the
((state board)) department may also seek recovery of actual costs from
the responsible third party. A volunteer seeking damages from a third
party is required to notify the ((state board)) department about the
legal proceeding.
(2) The ((state board)) department is responsible for its
proportionate share of the costs and attorneys' fees of the legal
proceedings.
(3) Any recovery is subject to a lien by the ((state board))
department for its share under this section.
(4) This section does not restrict or prohibit the ((state
board's)) department's right to seek recovery from a third party when
a volunteer firefighter is injured.
Sec. 16 RCW 41.24.245 and 1999 c 148 s 22 are each amended to
read as follows:
(1) If the ((state board or the secretary)) department makes
payments to a spouse or ex spouse to the extent expressly provided for
in any court decree of dissolution or legal separation or in any court
order or court-approved property settlement agreement incident to a
court decree of dissolution or legal separation, it shall be a
sufficient answer to any claim of a beneficiary against the ((state
board, the secretary,)) department or the principal fund for the
((state board or secretary)) department to show that the payments were
made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex spouse pursuant
to RCW 41.24.240 shall cease upon the death of such a nonmember spouse
or ex spouse. Upon such a death, the ((state board and the secretary))
department shall pay to the member his or her full monthly entitlement
of benefits.
(3) The provisions of RCW 41.24.240 and this section shall apply to
all court decrees of dissolution or legal separation and court-approved
property settlement agreements, regardless of when entered, but shall
apply only to those persons who have actually retired or who have
requested withdrawal of any or all of their contributions to the
principal fund: PROVIDED, That the ((state board or secretary))
department shall not be responsible for making court-ordered divisions
of withdrawals unless the order is filed with the ((state board))
department at least thirty days before the withdrawal payment date.
Sec. 17 RCW 41.24.290 and 1999 c 148 s 25 are each amended to
read as follows:
The state board shall:
(1) ((Generally supervise and control the administration of this
chapter;)) Advise the
department on the adoption, amendment, and repeal of rules not
inconsistent with this chapter for the purpose of effecting a uniform
and efficient manner of carrying out the provisions of this chapter and
the purposes to be accomplished thereby, and for the government of
boards of trustees of the municipalities of this state in the discharge
of their functions under this chapter;
(2) Promulgate, amend, or repeal rules and regulations
(((3) Review any action, and)) (2) Hear and determine any appeal
which may be taken from the decision of the department or the board of
trustees of any municipality made pursuant to this chapter;
(((4) Take such action)) (3) Advise the department on such actions
as may be necessary to secure compliance of the municipalities governed
by this chapter and to provide for the collection of all fees and
penalties which are, or may be, due and delinquent from any such
municipality;
(((5))) (4) Review and advise the department on the action of the
board of trustees of any municipality authorizing any pension as
provided by this chapter; ((and authorize the regular issuance of
monthly warrants in payment thereof without further action of the board
of trustees of such municipality;)) (5) Compel the taking of testimony, for purposes of hearing
appeals, from witnesses under oath before the state board, or any
member ((
(6) Require periodic reports from the recipient of any benefits
under this chapter for the purpose of determining their continued
eligibility therefor;
(7) Maintain such records as may be necessary and proper for the
proper maintenance and operation of the principal fund, including
records of the names of every person enrolled under this chapter, and
provide all necessary forms to enable local boards of trustees to
effectively carry out their duties as provided by this chapter;
(8)or the secretary)) thereof, or before the department or any
member thereof, or before the local board of trustees or any member
thereof, for the purpose of obtaining evidence, at any time, in
connection with any claim or pension pending or authorized for payment.
For such purpose the state board shall have the same power of subpoena
as prescribed in RCW 51.52.100. Failure of any claimant to appear and
give any testimony as herein provided shall suspend any rights or
eligibility to receive payments for the period of such failure to
appear and testify;
(((9) Appoint a secretary to hold office at the pleasure of the
state board, fix the secretary's compensation at such sum as it shall
deem appropriate, and prescribe the secretary's duties not otherwise
provided by this chapter)) (6) Review and adopt such actuarial factors
as necessary to provide the benefits authorized under this chapter;
(7) Study issues related to the administration of this chapter and
the benefits provided therein, and recommend changes to the department
or the legislature as deemed necessary;
(8) Annually review and adopt fees based on the latest actuarial
valuation of the system as provided for in RCW 41.24.030; and
(9) Review and advise the department on legislative appropriation
requests to be submitted in accordance with RCW 41.24.030(4)(c).
Sec. 18 RCW 41.24.300 and 1999 c 148 s 26 are each amended to
read as follows:
All expenses incurred by the ((state board)) department shall be
((accomplished by vouchers signed by the secretary and one member of
the state board and)) issued to the persons entitled thereto and sent
to the proper state agency. The proper state agency shall issue a
warrant on the principal fund or administrative fund for the amount
specified.
Sec. 19 RCW 41.24.310 and 1999 c 148 s 27 are each amended to
read as follows:
The ((secretary shall maintain an office at Olympia at a place to
be provided, wherein the secretary shall)) department shall be granted
the general powers, duties, and functions provided in chapter 41.50
RCW, for purposes of administering the retirement systems in RCW
41.50.030, to administer the benefits provided for in this chapter, to
include but not be limited to:
(1) Keep a record of all proceedings of the state board, which
shall be public;
(2) Maintain a record of all members of the pension fund, including
such pertinent information relative thereto as may be required by law
or rule of the state board;
(3) Receive and promptly remit to the state treasurer all moneys
received for the principal fund;
(4) Transmit periodically to the proper state agency for payment
all claims payable from the principal fund, stating the amount and
purpose of such payment;
(5) Certify monthly for payment a list of all persons approved for
retirement pensions and the amount to which each is entitled; ((and))
(6) ((Perform such other and further duties as shall be prescribed
by the state board.)) Provide such administrative and staff support
as necessary for the state board to perform the duties authorized in
this chapter;
The secretary shall receive such compensation as shall be fixed by
the state board, together with travel expenses in carrying out his or
her duties authorized by the state board in accordance with RCW
43.03.050 and 43.03.060
(7) Require periodic reports from the recipient of any benefits
under this chapter for the purpose of determining their continued
eligibility therefor;
(8) Maintain such records as may be necessary and proper for the
proper maintenance and operation of the principal fund, including
records of the names of every person enrolled under this chapter, and
provide all necessary forms to enable local boards of trustees to
effectively carry out their duties as provided by this chapter;
(9) Engage, in consultation with the state board, where feasible
and cost-effective, in a cooperative program with other state agencies
to provide the services under this chapter.
Sec. 20 RCW 41.24.340 and 1999 c 148 s 30 are each amended to
read as follows:
The chair of the county legislative authority, or the chair's
designee, shall be chair of the emergency medical service district
board of trustees, and the county auditor, or the auditor's designee,
shall be the secretary-treasurer of the emergency medical service
district board of trustees.
The secretary shall keep a public record of all proceedings and of
all receipts and disbursements made by the emergency medical service
district board of trustees, shall make an annual report of its expenses
and disbursements with a full list of the beneficiaries of the
principal fund in the county, and shall make all required reports to
the ((state board)) department. The ((state board)) department shall
provide all necessary forms to emergency worker boards of trustees.
Sec. 21 RCW 41.24.410 and 1995 c 11 s 4 are each amended to read
as follows:
Credit for service as a reserve officer shall not be counted for
purposes of RCW 41.24.170 except as stated in this section: Within one
year of an election to cover reserve officers under the retirement
provisions of this chapter, the municipality must elect, on a one-time
basis, one of the following:
(1)(a) To count credit for service only after July 23, 1995;
(b) To pay annual fees only for service after July 23, 1995; or
(2)(a) To count credit for all service as a reserve officer, but
only if the actuarial cost, as determined by the ((state board))
department, is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees only for service after July 23, 1995; or
(3)(a) To count credit for all service as a reserve officer, but
only if the actuarial cost, as determined by the ((state board))
department, is paid by the municipality. The municipality may charge
reserve officers for any portion of the cost; and
(b) To pay annual fees for service prior to July 23, 1995, if:
(i) The reserve officer elects, within one year of the
municipality's election under this section, to pay the annual fee plus
one percent per month interest for each year of past service counted;
and
(ii) The municipality pays the actuarial cost, as determined by the
((state board)) department, of the benefit provided in (b) of this
subsection. The municipality may charge reserve officers for any
portion of the cost.
Payments under this section may be made in a lump sum or in a
manner prescribed by the ((state board)) department.
Sec. 22 RCW 41.24.460 and 1999 c 148 s 33 are each amended to
read as follows:
A municipality that adopts appropriate legislation extending the
relief provisions of this chapter to its reserve officers shall create
a reserve officer board of trustees to administer this chapter composed
as follows:
(1) A county reserve officer board of trustees shall consist of the
following five members: (a) Two members of the county legislative
authority and the county auditor, or their designees; (b) the sheriff;
and (c) one reserve officer who is elected by reserve officers of the
county for an annual one-year term.
(2) Any other reserve officer board of trustees shall consist of
the following five members: (a) The mayor, if one exists for the
municipality, and one member of the municipality's legislative
authority, or two members of the municipality's legislative authority
if a mayor does not exist for the municipality, or their designees; (b)
the clerk, comptroller, or chief fiscal officer of the municipality;
(c) the head of the law enforcement agency; and (d) one reserve officer
who is elected by reserve officers of the municipality for an annual
term of one year.
(3) The secretary of the board of trustees shall keep a public
record of all proceedings and of all receipts and disbursements made by
the board of trustees, shall make an annual report of its expenses and
disbursements with a full list of the beneficiaries of the principal
fund in the municipality, and shall make all required reports to the
((state board)) department. The ((state board)) department shall
provide the boards of trustees with all necessary forms.
NEW SECTION. Sec. 23 (1) The state board for volunteer
firefighters and reserve officers is transferred to the department of
retirement systems.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state board for
volunteer firefighters and reserve officers shall be delivered to the
custody of the department of retirement systems. All cabinets,
furniture, office equipment, motor vehicles, and other tangible
property employed by the state board for volunteer firefighters and
reserve officers shall be made available to the department of
retirement systems. All funds, credits, or other assets held by the
state board for volunteer firefighters and reserve officers shall be
assigned to the department of retirement systems.
(b) Any appropriations made to the state board for volunteer
firefighters and reserve officers shall, on the effective date of this
section, be transferred and credited to the department of retirement
systems.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the state board for volunteer firefighters and
reserve officers are transferred to the jurisdiction of the department
of retirement systems. All employees classified under chapter 41.06
RCW, the state civil service law, are assigned to the department of
retirement systems to perform their usual duties upon the same terms as
formerly, without any loss of rights, subject to any action that may be
appropriate thereafter in accordance with the laws and rules governing
state civil service.
(4) All rules and all pending business before the state board for
volunteer firefighters and reserve officers shall be continued and
acted upon by the department of retirement systems. All existing
contracts and obligations shall remain in full force and shall be
performed by the department of retirement systems.
(5) The transfer of the powers, duties, functions, and personnel of
the state board for volunteer firefighters and reserve officers shall
not affect the validity of any act performed before the effective date
of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the state board for volunteer
firefighters and reserve officers assigned to the department of
retirement systems under this act whose positions are within an
existing bargaining unit description at the department of retirement
systems shall become a part of the existing bargaining unit at the
department of retirement systems and shall be considered an appropriate
inclusion or modification of the existing bargaining unit under the
provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 24 This act takes effect July 1, 2010.