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                             ENGROSSED HOUSE BILL 2645

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State of Washington              52nd Legislature             1992 Regular Session

By Representatives Spanel, H. Sommers, Hine, McLean, Locke, Basich, Paris and Betrozoff

Read first time 01/22/92.  Referred to Committee on Appropriations.Prohibiting the department of retirement systems from recovering certain pension overpayments.

     AN ACT Relating to waiver of the department of retirement systems' duty to recoup overpayments made due to an administrative error in calculating cost of living adjustments; and amending RCW 41.50.133.

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

     Sec. 1.  RCW 41.50.133 and 1987 c 490 s 2 are each amended to read as follows:

(1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on the application of section 2, chapter 96, Laws of 1979 ex. sess., nor shall such benefits be reduced.

(2) The director of the department of retirement systems shall not recover from retirees any pension overpayments made between July 1, 1990, and February 1, 1992, based upon the application of RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the incorrect calculation of the "age sixty-five allowance" as this term is defined in RCW 41.32.575(1)(a) and 41.40.325(1)(a).