5409.E

AN ACT Relating to compensation for injured fish and wildlife enforcement officers; and adding new sections to chapter 77.12 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 77.12 RCW to read as follows:

(1) The director shall relieve from active duty full-time, commissioned fish and wildlife personnel who, while in-service, have been or may be injured or disabled to such an extent as to be incapable of active duty.

(a) Any full-time, commissioned fish and wildlife personnel injured or disabled while performing in-service line duties who is found by the department of labor and industries to be incapable of active duty shall be placed on temporary injury leave for a period not to exceed six months from the date of injury or the date the person is determined to be incapacitated. During this period, the full-time, commissioned fish and wildlife personnel is entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to a full-time, commissioned fish and wildlife personnel on active status, less any compensation received through the department of labor and industries. No such temporary injury leave may be approved until a full-time, commissioned fish and wildlife personnel has been unavailable for active duty for more than five consecutive work days. Prior to the end of the six-month period, the director shall either place the full-time, commissioned fish and wildlife personnel on disability status or return the full-time, commissioned fish and wildlife personnel to full-time employment status;

(b) Benefits under this section for an injury or disability that is incurred while in other employment must be reduced by any amount the full-time, commissioned fish and wildlife personnel receives or is entitled to receive workers' compensation, social security, group insurance, other pension plan, or any other similar compensation provided by another employer for the same injury or disability;

(c) Full-time, commissioned fish and wildlife personnel on disability status shall receive one-half of their compensation at the existing wage during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the director at any time during such relief from duty to ascertain whether or not they are able to resume active duty;

(d) Should a disability beneficiary whose injury or disability was incurred while performing in-service nonline duties engage in a gainful occupation, the director shall reduce the amount of the disability compensation to an amount which, when added to the compensation earned by the beneficiary in such occupation, does not exceed the basic salary currently being paid for the state civil service range and step the full-time, commissioned fish and wildlife personnel held at the time he or she was injured or disabled. Every six months, all such disability beneficiaries shall file with the director a signed and sworn statement of earnings, and any person who knowingly swears falsely on such statement is subject to prosecution for perjury. Should the earning capacity of the beneficiary be further altered, the director may further alter the disability allowance as indicated in this subsection. The director may cancel the disability allowance for a full-time, commissioned fish and wildlife personnel who does not file the required statement of earnings or who knowingly files a false statement of earnings;

(e) A full-time, commissioned fish and wildlife personnel injured while engaging in willfully tortious or criminal conduct is not entitled to any benefits under this section.

(2) The director shall define by rule the situations in which full-time, commissioned fish and wildlife personnel are on active duty, in-service, are performing line duty, or are performing nonline duty.

(3) A person receiving disability compensation under this section shall become ineligible to receive that compensation upon becoming eligible for retirement under the applicable plan of the Washington public employees' retirement system, chapter 41.40 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

Section 1 of this act does not apply to persons who were fisheries patrol officers employed prior to March 1, 1994.