H-4117.1  _______________________________________________

                          HOUSE BILL 2666

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Appelwick and O'Brien

Read first time 01/16/98.  Referred to Committee on Appropriations.

Qualifying an ex spouse as surviving spouse in the law enforcement officers' and fire fighters' retirement system.

    AN ACT Relating to the benefits of an ex spouse in the law enforcement officers' and fire fighters' retirement system; and amending RCW 41.26.162.

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

    Sec. 1.  RCW 41.26.162 and 1991 sp.s. c 12 s 2 are each amended to read as follows:

    (1) An ex spouse of a law enforcement officers' and fire fighters' retirement system retiree shall qualify as surviving spouse under RCW 41.26.160 if the ex spouse:

    (a) Has been provided benefits under any currently effective court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation entered after the member's retirement ((and prior to December 31, 1979)); and

    (b) Was married to the retiree ((for at least thirty years, including at least twenty years)) prior to the member's retirement or separation from service if a vested member.

    (2) If two or more persons are eligible for a surviving spouse benefit under this subsection, benefits shall be divided between the surviving spouses based on the percentage of total service credit the member accrued during each marriage.

    (3) This section shall apply retroactively.

                            --- END ---