H-4572.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2246
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Appropriations (originally sponsored by Representatives Spanel, McLean, Hine, Dellwo, D. Sommers, Wynne and May; by request of Department of Retirement Systems)
Read first time 02/07/92.
AN ACT Relating to denial of retirement system beneficiary benefits for slayers; adding a new section to chapter 41.04 RCW; and adding a new section to chapter 11.84 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 41.04 RCW to read as follows:
(1) For purposes of this section, the following definitions shall apply:
(a) "Slayer" means any person who participates, either as a principal or an accessory before the fact, in the willful and unlawful killing of a decedent.
(b) "Convicted slayer" means any person convicted of a crime that makes the defendant a slayer.
(c) "Decedent" means any person whose life is so taken, and who is a member of, or entitled to benefits from, the Washington state department of retirement systems by written designation or by operation of law.
(2) Property that would have passed to or for the benefit of a beneficiary under one of the retirement systems listed in RCW 41.50.030 shall not pass to that beneficiary if the beneficiary is a convicted slayer and shall be distributed as if the convicted slayer had predeceased the decedent.
(3) A convicted slayer is deemed to have predeceased the decedent as to property which, by designation or by operation of law, would have passed from the decedent to the convicted slayer because of the decedent's membership in, or entitlement to benefits under, one of the retirement systems listed in RCW 41.50.030.
(4)(a) The department of retirement systems has no affirmative duty to determine whether a beneficiary is, or is alleged to be, a slayer. However, upon receipt of written notice that a beneficiary is charged with a crime that, if committed, means the beneficiary is a slayer, the department of retirement systems shall, determine whether the beneficiary has been formally charged in court with the crime. If the beneficiary has been so charged, the department shall withhold payment of any benefits until:
(i) The charges are dismissed;
(ii) The beneficiary is found not guilty; or
(iii) The beneficiary is convicted.
(b) If the charges are dismissed or if a beneficiary is found not guilty, the department shall pay the beneficiary the benefits the beneficiary is entitled to receive. If the beneficiary is convicted, the department shall distribute the benefits according to subsection (2) of this section.
(5) The record of the slayer's conviction of having participated in the willful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil action arising under this section.
(6) This section shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this state that no person shall be allowed to profit by his or her own wrong, wherever committed.
(7) This section shall not subject the department of retirement systems to liability for payment made to a slayer or alleged slayer prior to the department's receipt of written notice that the slayer has been convicted of, or the alleged slayer has been formally criminally charged in court with, the death of the decedent. If the conviction of a slayer is reversed on appeal, the department of retirement systems shall not be liable for payment made prior to the receipt of written notice of the reversal to a beneficiary other than the person whose conviction is reversed.
NEW SECTION. Sec. 2. A new section is added to chapter 11.84 RCW to read as follows:
Proceeds payable to a slayer as the beneficiary of any benefits flowing from one of the retirement systems listed in RCW 41.50.030, by virtue of the decedent's membership in the department of retirement systems or by virtue of the death of decedent, shall be paid instead as designated in section 1 of this act.