S-1568.1  _______________________________________________

                         SENATE BILL 5880

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Haugen, Spanel and Winsley

Read first time 02/13/95.  Referred to Committee on Ways & Means.

Authorizing retirement to care for a disabled spouse.

    AN ACT Relating to retirement in order to care for a disabled spouse; and adding a new section to chapter 41.40 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.40 RCW under the subchapter heading "Plan I" to read as follows:

    (1) Upon application of a member, or his or her employer, a member who has been an employee at least five years, and whose spouse becomes severely and permanently incapacitated may be retired by the department, subject to the following conditions:

    (a) That the medical adviser, after a medical examination of the member's spouse made by or under the direction of the medical adviser, shall certify in writing that the member's spouse is mentally or physically incapacitated, that the incapacity is likely to be permanent, and that the member's spouse needs twenty-four hour care;

    (b) That the member will provide twenty-four hour care; and

    (c) That the department concurs in the recommendation of the medical adviser.

    (2) The disabled spouse must have a physical examination every three years, by the medical adviser or under the direction of the medical adviser, in order to ensure that the disability retirement status of the member is warranted under subsection (1) of this section.

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