H-3988.1 _______________________________________________
HOUSE BILL 2352
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Wensman, L. Thomas, Scott, Gardner, Zellinsky, Anderson, Smith and Constantine
Prefiled 01/08/98. Read first time 01/12/98. Referred to Committee on Appropriations.
AN ACT Relating to fire fighter pensions; amending RCW 41.16.010 and 41.16.050; and adding a new section to chapter 41.16 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.16.010 and 1973 1st ex.s. c 154 s 61 are each amended to read as follows:
For the purpose of this chapter, unless clearly indicated by the context, words and phrases shall have the following meaning:
(1)
"Beneficiary" shall mean any person or persons designated by a ((fireman))
fire fighter in a writing filed with the board, and who shall be
entitled to receive any benefits of a deceased ((fireman)) fire
fighter under this chapter.
(2)
"Board" shall mean the municipal ((firemen's)) fire
fighters' pension board.
(3) "Child or children" shall mean a child or children unmarried and under eighteen years of age.
(4)
"Contributions" shall mean and include all sums deducted from the
salary of ((firemen)) fire fighters' and paid into the fund as
hereinafter provided.
(5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
(6) "Enrollee" means a fire fighter, retired fire fighter, or widow or widower.
(7)
"Fire fighter" or "fireman" shall mean any
person regularly or temporarily, or as a substitute, employed and paid as a
member of a fire department, who has passed a civil service examination for ((fireman))
fire fighters' and who is actively employed as a ((fireman)) fire
fighter and a member of the pension system created under this chapter or
chapter 41.18 RCW; and shall include any "prior ((fireman)) fire
fighter".
(((7)))
(8) "Fire department" shall mean the regularly organized, full
time, paid, and employed force of ((firemen)) fire fighters' of
the municipality.
(((8)))
(9) "Fund" shall mean the ((firemen's)) fire
fighters' pension fund created herein.
(((9)))
(10) "Municipality" shall mean every city and town having a
regularly organized full time, paid, fire department employing ((firemen))
fire fighters'.
(((10)))
(11) "Performance of duty" shall mean the performance of work
and labor regularly required of ((firemen)) fire fighters' and
shall include services of an emergency nature rendered while off regular duty,
but shall not include time spent in traveling to work before answering roll
call or traveling from work after dismissal at roll call.
(((11)))
(12) "Prior ((fireman)) fire fighter" shall mean
a ((fireman)) fire fighter who was actively employed as a ((fireman))
fire fighter of a fire department prior to the first day of January,
1947, and who continues such employment thereafter.
(((12)))
(13) "Retired ((fireman)) fire fighter" shall
mean and include a person employed as a ((fireman)) fire fighter
and retired under the provisions of chapter 50, Laws of 1909, as amended.
(((13)))
(14) "Widow or widower" means the surviving wife or husband of
a retired ((fireman)) fire fighter who was retired on account of
length of service and who was lawfully married to such ((fireman)) fire
fighter; and whenever that term is used with reference to the wife or
former wife or husband or former husband of a retired ((fireman)) fire
fighter who was retired because of disability, it shall mean his or her
lawfully married wife or husband on the date he or she sustained the injury or
contracted the illness that resulted in his or her disability. ((Said))
The term shall not mean or include a surviving wife or husband who by
process of law within one year prior to the retired ((fireman's)) fire
fighter's death, collected or attempted to collect from him or her funds
for the support of herself or himself or for his or her children.
Sec. 2. RCW 41.16.050 and 1994 c 273 s 23 are each amended to read as follows:
((There
is hereby created and established in the treasury of each municipality)) (1)
A fund ((which shall)) to be known and designated as the ((firemen's))
fire fighters' pension fund((, which shall)) is created and
established in the treasury of each city, town, and fire protection district
with remaining obligations under this chapter or chapter 41.18 RCW to
consist of: (((1))) (a) All bequests, fees, gifts, emoluments,
or donations given or paid thereto; (((2) forty-five percent of all)) (b)
distributions of moneys received by the state from taxes on fire insurance
premiums as provided under subsection (2) of this section; (((3)
taxes paid pursuant to the provisions of)) (c) property tax receipts of
a city or town, as provided under RCW 41.16.060; (((4))) (d)
interest on the investments of the fund; and (((5))) (e)
contributions by fire fighters as provided for herein.
(2)
Forty-five percent of the moneys received by the state from ((the
tax)) taxes on fire insurance premiums ((under the provisions of
this chapter)) imposed under RCW 48.14.020, or as much thereof that is
needed, shall be distributed to cities, towns, and fire protection
districts with remaining obligations against their fire fighters' pension fund
in the proportion that the number of ((paid fire fighters in the)) enrollees
from that city, town, or fire protection district bears to the total number
of ((paid fire fighters)) enrollees throughout the state to be
ascertained in the following manner:
(a)
The secretary of the ((firemen's)) fire fighters' pension board
of each city, town, and fire protection district now or hereafter coming under
the provisions of this chapter or chapter 41.18 RCW, with remaining
obligations against its fire fighters' pension fund, shall ((within
thirty days after June 7, 1961, and)) on or before the fifteenth day of
January ((thereafter)) of each year, certify to the state
treasurer the number of ((paid fire fighters in the fire department in such
city, town, or fire protection district. For any city or town annexed by a
fire protection district at any time before, on, or after June 9, 1994, the
city or town shall continue to certify to the state treasurer the number of
paid fire fighters in the city or town fire department immediately before
annexation until all obligations against the firemen's pension fund in the city
or town have been satisfied. For the purposes of the calculation in this
section, the state treasurer shall subtract the number certified by the annexed
city or town from the number of paid fire fighters certified by an annexing))
enrollees from that city, town, or fire protection district.
(b)
The state treasurer shall on or before the first day of June of each year
deliver to the treasurer of each city, town, and fire protection district ((coming
under the provisions of this chapter his or her)) with remaining
obligations against its fire fighters' pension fund a warrant((,))
payable to ((each)) the city, town, or fire protection district
for the amount due such city, town, or fire protection district
ascertained as herein provided and the treasurer of each such city, town, or
fire protection district shall place the amount ((thereof)) to the
credit of the ((firemen's)) fire fighters' pension fund of such
city, town, or fire protection district.
NEW SECTION. Sec. 3. A new section is added to chapter 41.16 RCW to read as follows:
Any city, town, or fire protection district that has received distributions from the state excise tax on fire insurance premiums under RCW 41.16.050, after the city, town, or fire protection district ceased having obligations under its fire fighters' pension fund, shall return to the state treasurer any distributions that were not used for the legal purposes of the fund.
Any moneys that are returned under this section shall be distributed to eligible cities, towns, and fire protection districts under the next distribution provided under RCW 41.16.050.
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