SENATE BILL REPORT

SB 5353

BYSenators Johnson, Pullen, Vognild, von Reichbauer, Matson, West, Warnke, Gaspard, Bailey, Moore, Rasmussen, Madsen, Wojahn, Nelson, Lee, Kreidler, Conner, Thorsness, Owen, Metcalf, Stratton, Smitherman, Williams, McMullen, McCaslin, Saling, Newhouse, Hansen, Anderson, Talmadge and Sutherland

Revising provisions for continued service credit for disabled law enforcement officers and fire fighters.

Senate Committee on Ways & Means

Senate Hearing Date(s):February 20, 1989; February 23, 1989

Majority Report:  Do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Matson, Moore, Newhouse, Niemi, Owen, Saling, Smith, Talmadge, Warnke, Williams, Wojahn.

Senate Staff:Charles Langen (786-7715)

                  March 3, 1989

AS PASSED SENATE, MARCH 3, 1989

BACKGROUND:

Members of the Law Enforcement Officers' and Fire Fighters Retirement System first employed on or after October 1, 1977 (LEOFF II), who are temporarily disabled in the performance of duty, are provided with disability leave supplements if they qualify for industrial insurance.  This supplement, discounting payments from industrial insurance, is in the amount of the compensation the member would have received while on active duty.  Fifty percent of the supplement is charged against the accrued paid leave of the member, and 50 percent is paid by the employer.  If the member has no accrued paid leave, only the employer portion is received.  The member, however, does not receive service credit under LEOFF II during this period of disability.

SUMMARY:

A member of LEOFF II who becomes disabled in the line of duty on or after the effective date and who receives the disability leave supplemental benefit shall receive or continue to receive service credit.  Conditions for receipt of service credit are as follows:  (1) the member may not receive more than one month of service credit in a calendar month or service credit for more than six consecutive months; (2) the member is either not separated from service or separated without leave of absence; (3) the employee, employer and the state pay the necessary contributions at the rate in effect at the time; (4) the contributions are based on the member's active service compensation; and (5) the granting of such service credit is not a contractual right.

A member who becomes disabled prior to the effective date may receive service credit, subject to the same conditions and limitations.  To receive the service credit the member must apply to the Department of Retirement Systems no later than December 31, 1991, and must agree to have the employer withhold the necessary contributions, plus interest, from the member's compensation.

A member receiving industrial insurance who is not receiving the disability leave supplemental benefit is deemed to be on unpaid, authorized leave of absence.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Jerry Allard, State Actuary; Charles Marsh, Washington State Council of Fire Fighters and Washington State Council of Fire Fighters