H-3276              _______________________________________________

                                                   HOUSE BILL NO. 1871

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives May, Haugen, Allen, Walker, Brooks, Scott, J. Williams and Miller

Read first time 1/24/86 and referred to Committee on Ways & Means.

AN ACT Relating to law enforcement officers' and fire fighters' disability leave; and amending RCW 41.26.125.

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

        Sec. 1.  Section 3, chapter 102, Laws of 1985 and RCW 41.26.125 are each amended to read as follows:

          Any member, regardless of age or years of service, may be retired by the disability board, subject to approval by the director as provided in this section, for any disability not incurred in the line of duty which has been continuous since discontinuance of service and which renders the member unable to continue service.  No disability retirement allowance may be paid until the expiration of a period of six months after the discontinuance of service during which period the member, if found to be physically or mentally unfit for duty by the disability board following receipt of the member's application for disability retirement, shall be granted a disability leave by the disability board and shall receive an allowance equal to the member's full monthly salary and shall continue to receive all other benefits provided to active employees from the member's employer for the period.  However, if, at any time during the initial six-month period, the disability board finds the beneficiary is no longer disabled, the disability leave allowance shall be canceled and the member shall be restored to duty in the same rank or position, if any, held by the member at the time the member became disabled.  Applications for disability retirement shall be processed in accordance with the following procedures:

          (1) Any member who believes he or she is, or is believed to be, physically or mentally disabled shall be examined by such medical authority as the disability board shall employ, upon application of the member, or a person acting in the member's behalf, stating that the member is disabled, either physically or mentally:  PROVIDED, That no such application shall be considered unless the member or someone acting in the member's behalf, in case of the incapacity of a member, has filed the application within a period of one year from and after the discontinuance of service of the member.

          (2) If the examination shows, to the satisfaction of the disability board, that the member is physically or mentally disabled from the further performance of duty, that such disability was not incurred in the line of duty, and that such disability had been continuous from the discontinuance of service, the disability board shall enter its written decision and order, accompanied by appropriate findings of fact and by conclusions evidencing compliance with this chapter, granting the member a disability retirement allowance.  Otherwise, if the member is not found by the disability board to be so disabled, the application shall be denied pursuant to a similar written decision and order, subject to appeal to the director in accordance with RCW 41.26.200:  PROVIDED, That in any order granting a nonduty disability retirement allowance, the disability board shall make a finding that the disability was not incurred in the line of duty.

          (3) Every order of a disability board granting a nonduty disability retirement allowance shall forthwith be reviewed by the director except the finding that the disability was not incurred in the line of duty.  The director may affirm the decision of the disability board or remand the case for further proceedings if the director finds the disability board's findings, inferences, conclusions, or decisions are:

          (a) In violation of constitutional provisions; or

          (b) In excess of the statutory authority or jurisdiction of the disability board; or

          (c) Made upon unlawful procedure; or

          (d) Affected by other error of law; or

          (e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or

          (f) Arbitrary or capricious.

          (4) Every member who can establish to the disability board that the member is physically or mentally disabled from the further performance of duty, that such disability was not incurred in the line of duty, and that such disability will be in existence for a period of at least six months, may waive the six-month period of disability leave and be immediately granted a nonduty disability retirement allowance, subject to the approval of the director as provided in subsection (3) of this section.

(5) Unless otherwise provided by local regulation, a member shall take up to six days accumulated sick leave, if the member has accumulated sick leave available, before disability leave is granted under this section.