Z-1122.1          _______________________________________________

                                  HOUSE BILL 2246

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Spanel, McLean, Hine, Dellwo, D. Sommers, Wynne and May; by request of Department of Retirement Systems

Prefiled 12/18/91.  Read first time 01/13/92.  Referred to Committee on Appropriations.Denying retirement system beneficiary benefits to slayers.

     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) Property that would have passed to or for the benefit of a slayer under one of the retirement systems listed in RCW 41.50.030 shall be distributed as if the slayer had predeceased the decedent.

     (2) A 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 slayer because of the decedent's membership in, or entitlement to benefits under, one of the retirement systems listed in RCW 41.50.030.

     (3) 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 being the slayer of a decedent, the department of retirement systems shall withhold payment of any benefits until:

     (a) The charges are dropped;

     (b) The person charged is found not guilty; or

     (c) The person charged is convicted.

     (4) 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.

     (5) For purposes of this section, the following definitions shall apply:

     (a) "Slayer" means any person convicted of participation, either as a principal or an accessory before the fact, in the willful and unlawful killing of the decedent.

     (b) "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.

     (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 additional liability if payment is 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 charged in, the death of the decedent.

NEW SECTION. Sec. 2.  A new section is added to chapter 11.84 RCW to read as follows:

     Proceeds payable to the 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.