CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5818

 

 

 

 

                        54th Legislature

                      1996 Regular Session

Passed by the Senate March 4, 1996

  YEAS 45   NAYS 0

 

 

 

President of the Senate

 

Passed by the House February 29, 1996

  YEAS 85   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5818 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 5818

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Winsley, A. Anderson, C. Anderson and McAuliffe)

 

Read first time 03/06/95.

 

Paying benefits when a member dies before retirement.



    AN ACT Relating to payment of benefits when a member dies before retirement; amending RCW 41.40.270; and creating a new section.

 

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

 

    NEW SECTION.  Sec. 1.  (1) If a member dies following a period of sick leave without having applied for a disability retirement under RCW 41.32.550, the member's surviving spouse is eligible to receive, from the time of the member's death, a joint and one hundred percent retirement allowance under RCW 41.32.530, without the actuarial reduction otherwise required by RCW 41.32.520 (1)(b)(ii), if the following conditions are met:

    (a) The member had been on sick leave due to an illness that would have qualified the member for permanent disability under RCW 41.32.550; and

    (b) The illness was the cause of the member's death.

    (2) This section applies to members who died between July 1, 1994, and September 1, 1994.

 

    Sec. 2.  RCW 41.40.270 and 1995 c 144 s 5 are each amended to read as follows:

    (1) Should a member die before the date of retirement the amount of the accumulated contributions standing to the member's credit in the employees' savings fund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, at the time of death:

    (a) Shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or

    (b) If there be no such designated person or persons still living at the time of the member's death, or if a member fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, such accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the surviving spouse as if in fact such spouse had been nominated by written designation as aforesaid, or if there be no such surviving spouse, then to the member's legal representatives.

    (2) Upon the death in service, or while on authorized leave of absence for a period not to exceed one hundred and twenty days from the date of payroll separation, of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section.  Upon such an election, a joint and one hundred percent survivor option under RCW 41.40.188, calculated under the retirement allowance described in RCW 41.40.185 or 41.40.190, whichever is greater, actuarially reduced by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670 shall automatically be given effect as if selected for the benefit of the designated beneficiary.  If the member is not then qualified for a service retirement allowance, such benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.

    (3) Subsection (1) of this section, unless elected, shall not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and thereafter dies between the date of separation from service and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188.  In those cases the beneficiary named in the member's final application for service retirement may elect to receive either a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.

    (4) For deaths occurring between July 1, 1995, and June 30, 1997, if a member who:  (a) Has applied for nonduty disability under RCW 41.40.230; (b) has submitted adequate evidence to support a disability determination; and (c) has selected a retirement under RCW 41.40.188, dies before receiving the first retirement payment, the beneficiary named in the member's final application for disability retirement may elect to receive either a cash refund, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, or monthly payments according to the option selected by the member.

 


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