AN ACT Relating to
death benefits under the law enforcement officers' and fire fighters'
retirement system; amending RCW 41.26.510 and 41.26.540; and declaring an
emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.26.510 and 1993 c
236 s 3 are each amended to read as follows:
(1) Except as provided
in RCW 11.07.010, if a member or a vested member who has not completed at least
ten years of service dies, the amount of the accumulated contributions standing
to such member's credit in the retirement system at the time of such member's
death, 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 such person or persons having an insurable interest in such
member's life as the member shall have nominated by written designation duly
executed and filed with the department. If there be no such designated person
or persons still living at the time of the member's death, such member's
accumulated contributions standing to such member's credit in the retirement
system, 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 member's surviving spouse as if in fact such spouse had
been nominated by written designation, or if there be no such surviving spouse,
then to such member's legal representatives.
(2) If a member who is
eligible for retirement or a member who has completed at least ten years of
service dies, the surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement
allowance computed as provided for in RCW 41.26.430(1), 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 and actuarially adjusted to reflect a joint and one hundred
percent survivor option under RCW 41.26.460 and if the member was not eligible
for normal retirement at the date of death a further reduction as described in
RCW 41.26.430(2); if a surviving spouse who is receiving a retirement allowance
dies leaving a child or children of the member under the age of majority, then
such child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share and share
alike, until such child or children reach the age of majority; if there is no
surviving spouse eligible to receive an allowance at the time of the member's
death, such member's child or children under the age of majority shall receive
an allowance share and share alike calculated as herein provided making the
assumption that the ages of the spouse and member were equal at the time of the
member's death; or
(b)(i) The
member's 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; or
(ii) If the member
dies on or after July 25, 1993, one hundred fifty percent of the member's
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. Any accumulated contributions attributable to
restorations made under RCW 41.50.165(2) shall be refunded at one hundred
percent.
(3) If a member who is
eligible for retirement or a member who has completed at least ten years of
service dies after October 1, 1977, and is not survived by a spouse or an
eligible child, then the accumulated contributions standing to the member's
credit, 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:
(a) To a person or
persons, having an insurable interest in the member's life, as the member shall
have nominated by written designation duly executed and filed with the
department; or
(b) If there is no such
designated person or persons still living at the time of the member's death,
then to the member's legal representatives.
Sec. 2. RCW 41.26.540 and 1993 c
517 s 6 are each amended to read as follows:
(1)(a) A member
who has completed less than ten years of service, who ceases to be an employee
of an employer except by service or disability retirement, may request a refund
of the member's accumulated contributions.
(b) A member who
has completed ten or more years of service, who ceases to be an employee of an
employer except by service or disability retirement, may request a refund of
one hundred fifty percent of the member's accumulated contributions. Any
accumulated contributions attributable to restorations made under RCW
41.50.165(2) shall be refunded at one hundred percent.
(2) The refund shall be
made within ninety days following the receipt of the request and notification
of termination through the contribution reporting system by the employer;
except that in the case of death, an initial payment shall be made within
thirty days of receipt of request for such payment and notification of
termination through the contribution reporting system by the employer. A
member who files a request for refund and subsequently enters into employment
with another employer prior to the refund being made shall not be eligible for
a refund. The refund of accumulated contributions shall terminate all rights
to benefits under RCW 41.26.410 through 41.26.550.
NEW SECTION. Sec.
3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
