BP BHEAD INT S

AN ACT Relating to the law enforcement officers' and fire fighters' retirement system; and amending RCW 41.26.115, 41.26.211, and 41.26.221.

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

Sec. 1. RCW 41.26.115 and 1981 c 294 s 1 are each amended to read as follows:

(1) The director of retirement systems shall adopt rules, in accordance with chapter 34.05 RCW, under which each disability board shall execute its disability retirement duties under this chapter. The rules shall include, but not be limited to, the following:

(a) Standards governing the type and manner of presentation of medical, employability, and other evidence before disability boards; and

(b) Standards governing the necessity and frequency of medical and employability reexaminations of persons receiving disability benefits;

(c) Standards governing applications for disability retirement which recognize that disability leave pay continues until (i) a member has returned to duty in, or been offered and refused reemployment in, the same rank or position, if any, held when the member applied for disability retirement or (ii) the disability board has entered a decision and order finding that the member is entitled to a disability retirement allowance; and

(d) Standards governing reexaminations of persons receiving disability benefits which recognize that a disability retirement allowance continues until (i) a member has returned to duty in the same rank, if any, held at the time of retirement or (ii) if the member is unable to perform the duties of the rank held at the time of retirement, the member has returned to duty at his or her request in a like or lesser rank which is open and available and the duties of which the member is able to perform.

(2) If the director determines that an order or determination of a disability board was not processed in accordance with the rules established under this section, the director may remand the order or determination for further proceedings consistent with the rules.

Sec. 2. RCW 41.26.211 and 1984 c 184 s 16 are each amended to read as follows:

Any person aggrieved by any final decision of the director must, before petitioning for judicial review, file with the director of the retirement system by mail or personally within sixty days from the day such decision was communicated to such person, a notice for a hearing. The notice of hearing shall set forth in full detail the grounds upon which such person considers such decision unjust or unlawful and shall include every issue to be considered, and it must contain a detailed statement of facts upon which such person relies in support thereof. Such persons shall be deemed to have waived all objections or irregularities concerning the matter on which such appeal is taken other than those specifically set forth in the notice of hearing or appearing in the certification from the disability board or the records of the retirement system.

Sec. 3. RCW 41.26.221 and 1984 c 184 s 17 are each amended to read as follows:

A hearing shall be held by the director, or the director's duly authorized representative, in the county of the residence of the claimant at a time and place designated by the director. Such hearing shall be de novo and shall conform to the provisions of chapter 34.05 RCW, as now or hereafter amended. The disability board ((~~and the department~~)) shall be entitled to appear in all such proceedings and introduce testimony in support of or in opposition to the director's decision. The department may appear in the proceedings and introduce testimony in support of the director's decision. The director shall enter a final decision within the six-month period immediately following the date the notice of hearing was received. If a final decision is not entered in the time allowed by this section, the relief sought by the claimant is deemed granted. Judicial review of any final decision by the director shall be governed by the provisions of chapter 34.05 RCW as now law or hereafter amended. If a claimant is found to be entitled to benefits, benefits payments shall be retroactive and bear interest at a rate of twelve percent a year from the date benefits are retroactively payable.