H-336                _______________________________________________

                                                    HOUSE BILL NO. 129

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Sayan, Isaacson and Unsoeld

Read first time 1/21/85 and referred to Committee on Ways & Means.

AN ACT Relating to occupational disease; and amending RCW 41.40.200.

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

        Sec. 1.  Section 21, chapter 274, Laws of 1947 as last amended by section 3, chapter 18, Laws of 1982 and RCW 41.40.200 are each amended to read as follows:

          (1) Subject to the provisions of RCW 41.40.310 and 41.40.320, upon application of a member, or his or her employer, a member who becomes totally incapacitated for duty as the natural and proximate result of an accident occurring in the actual performance of duty or from a disease or infection which arises naturally and proximately out of the member's employment, while in the service of an employer, without wilful negligence on his or her part, shall be retired:  PROVIDED, The medical adviser after a medical examination of such member made by or under the direction of the said medical adviser shall certify in writing that such member is mentally or physically totally incapacitated for the further performance of his or her duty ((to his employer)) and that such member should be retired:  PROVIDED FURTHER, That the retirement board concurs in the recommendation of the medical adviser:  AND PROVIDED FURTHER, No application shall be valid or a claim thereunder enforceable unless filed within two years after the date upon which the injury occurred or disease was diagnosed.

          (2) The retirement for disability of a judge, who is a member of the retirement system, by the supreme court under Article IV, section 31 of the Constitution of the state of Washington (House Joint Resolution No. 37, approved by the voters November 4, 1980), with the concurrence of the retirement board, shall be considered a retirement under subsection (1) of this section.