AN ACT Relating to
increased benefits for volunteer fire fighters; amending RCW 41.24.150 and
41.24.160; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 41.24.150 and 1989 c
91 s 2 are each amended to read as follows:
Whenever a fire fighter
serving in any capacity as a member of the fire fighter's own fire department
subject to the provisions of this chapter becomes physically or mentally
disabled, or sick, in consequence or as the result of the performance of his or
her duties, so as to be wholly prevented from engaging in each and every duty
of his or her regular occupation, business, or profession, he or she shall be
paid from the fund monthly, ((the sum of one)) an amount equal to his
or her monthly wage as certified by the local board or two thousand ((six))
five hundred fifty dollars, whichever is less, for a period ((of))
not to exceed six months, or ((fifty-five)) an amount equal to his or
her daily wage as certified by the local board or eighty-five dollars,
whichever is less, per day for such period as is part of a month, after
which period, if the member is incapacitated to such an extent that he or she
is thereby prevented from engaging in any occupation or performing any work for
compensation or profit or if the member sustained an injury after October 1,
1978, which resulted in the loss or paralysis of both legs or arms, or one leg
and one arm, or total loss of eyesight, but such injury has not prevented the
member from engaging in an occupation or performing work for compensation or
profit, he or she is entitled to draw from the fund monthly, the sum of ((eight))
one thousand two hundred ((twenty-five)) seventy-five
dollars so long as the disability continues, except as hereinafter provided:
PROVIDED, That if the member has a wife or husband and/or a child or children
unemancipated or under eighteen years of age, he or she is entitled to draw
from the fund monthly the additional sums of ((one)) two hundred
((sixty-five)) fifty-five dollars because of the fact of his wife
or her husband, and ((seventy)) one hundred ten dollars because
of the fact of each child unemancipated or under eighteen years of age, all to
a total maximum amount of ((one)) two thousand ((six)) five
hundred fifty dollars. The board may at any time reopen the grant of such
disability pension if the pensioner is gainfully employed, and may reduce it in
the proportion that the annual income from such gainful employment bears to the
annual income received by the pensioner at the time of his disability:
PROVIDED, That where a fire fighter sustains a permanent partial disability the
state board may provide that such injured fire fighter shall receive a lump sum
compensation therefor to the same extent as is provided for permanent partial
disability under the workers' compensation act under Title 51 RCW in lieu of
such monthly disability payments.
Sec. 2. RCW 41.24.160 and 1989 c
91 s 3 are each amended to read as follows:
(1) Whenever a fire
fighter dies as the result of injuries received, or sickness contracted in
consequence or as the result of the performance of his or her duties, the board
of trustees shall order and direct the payment of the sum of two thousand
dollars to his widow or her widower, or if there is no widow or widower, then
to his or her dependent child or children, or if there is no dependent child or
children, then to his or her parents or either of them, and the sum of ((eight))
one thousand two hundred ((twenty-five)) seventy-five
dollars per month to his widow or her widower during his or her life together
with the additional monthly sum of ((seventy)) one hundred ten
dollars for each child of the member, unemancipated or under eighteen years of
age, dependent upon the member for support at the time of his or her death, to
a maximum total of ((one)) two thousand ((six)) five
hundred fifty dollars per month.
(2) If the widow or
widower does not have legal custody of one or more dependent children of the
deceased fire fighter or if, after the death of the fire fighter, legal custody
of such child or children passes from the widow or widower to another person,
any payment on account of such child or children not in the legal custody of
the widow or widower shall be made to the person or persons having legal
custody of such child or children. Such payments on account of such child or
children shall be subtracted from the amount to which such widow or widower
would have been entitled had such widow or widower had legal custody of all the
children and the widow or widower shall receive the remainder after such
payments on account of such child or children have been subtracted. If there
is no widow or widower, or the widow or widower dies while there are children,
unemancipated or under eighteen years of age, then the amount of eight hundred
twenty-five dollars per month shall be paid for the youngest or only child
together with an additional seventy dollars per month for each additional of
such children to a maximum of one thousand six hundred fifty dollars per month
until they become emancipated or reach the age of eighteen years; and if there
are no widow or widower, child, or children entitled thereto, then to his or
her parents or either of them the sum of eight hundred twenty-five dollars per
month for life, if it is proved to the satisfaction of the board that the
parents, or either of them, were dependent on the deceased for their support at
the time of his or her death. In any instance in subsections (1) and (2) of
this section, if the widow or widower, child or children, or the parents, or
either of them, marries while receiving such pension the person so marrying
shall thereafter receive no further pension from the fund.
(3) In the case
provided for in this section, the monthly payment provided may be converted in
whole or in part into a lump sum payment, not in any case to exceed twelve
thousand dollars, equal or proportionate, as the case may be, to the actuarial
equivalent of the monthly payment in which event the monthly payments shall
cease in whole or in part accordingly or proportionately. Such conversion may
be made either upon written application to the state board and shall rest in
the discretion of the state board; or the state board is authorized to make,
and authority is hereby given it to make, on its own motion, lump sum payments,
equal or proportionate, as the case may be, to the value of the annuity then
remaining in full satisfaction of claims due to dependents. Within the rule
aforesaid the amount and value of the lump sum payment may be agreed upon
between the applicant and the state board. Any person receiving a monthly
payment under this section on June 29, 1961, may elect, within two years, to
convert such payments into a lump sum payment as provided in this section.
NEW
SECTION. Sec. 3. This act shall take
effect July 1, 1996.
