_______________________________________________
SENATE
BILL 5217
_______________________________________________
Passed
Legislature - 1998 Regular Session
AS
AMENDED BY THE HOUSE
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/20/97. Referred to Committee on Ways & Means.
Providing death benefits for volunteer fire fighters.
AN
ACT Relating to death benefits in the volunteer fire fighters' relief and
pension system; amending RCW 41.24.160; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.24.160 and 1996 c 57 s 2 are each amended to read as follows:
(1)
Whenever a fire fighter, or a reserve officer provided a benefit under this
section, 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)) one
hundred fifty-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 one thousand two hundred seventy-five dollars per month
to his widow or her widower during his or her life together with the additional
monthly sum of 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 two thousand
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. 2. 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 takes effect immediately.
Passed the Senate March 7, 1998.
Passed the House February 27, 1998.
Approved by the Governor
March 25, 1998.
Filed
in Office of Secretary of State March 25, 1998.
