AN
ACT Relating to death and disability benefits for certain general authority
police officers; amending RCW 41.20.060; adding a new section to chapter 41.40
RCW; adding a new section to chapter 41.20 RCW; creating new sections; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 41.40 RCW under the subchapter heading
"Provisions Applicable to Plan I and Plan II" to read as follows:
(1)
A one hundred fifty thousand dollar death benefit for members who had the
opportunity to transfer to the law enforcement officers' and firefighters'
retirement system pursuant to chapter 502, laws of 1993, but elected to remain
in the public employees' retirement system, shall be paid to the member's
estate, or such person or persons, trust, or organization as the member has
nominated by written designation duly executed and filed with the department.
If there is no designated person or persons still living at the time of the
member's death, the member's death benefit shall be paid to the member's
surviving spouse as if in fact the spouse had been nominated by written
designation, or if there is no surviving spouse, then to the member's legal
representatives.
(2)
Subject to subsection (3) of this section, the benefit under this section shall
be paid only where death occurs as a result of injuries sustained in the course
of employment as a general authority police officer. The determination of
eligibility for the benefit shall be made consistent with Title 51 RCW by the
department of labor and industries. The department of labor and industries
shall notify the department of retirement systems by order under RCW 51.52.050.
(3)
The benefit under this section shall not be paid in the event the member was in
the act of committing a felony when the fatal injuries were suffered.
NEW
SECTION. Sec. 2. The
purpose of sections 2 through 5 of this act is to clarify that the intent of
the legislature in enacting RCW 41.20.060, insofar as that section provides benefits
to members for disabilities incurred in the line of duty, was to provide a
statute in the nature of a workers' compensation act that provides compensation
to employees for personal injuries incurred in the course of employment.
Accordingly this act amends and divides RCW 41.20.060 into two separate
sections. Section 3 of this act clarifies and emphasizes the legislature's
intent that the disability benefits granted by RCW 41.20.060, as amended, are
granted only to those members who become disabled by any injury or incapacity
that is incurred in the line of duty. Section 4 of this act continues to
provide disability retirement benefits to members who become disabled by an
injury or incapacity not incurred in the line of duty.
Sec.
3. RCW
41.20.060 and 1973 1st ex.s. c 181 s 4 are each amended to read as follows:
Whenever
any person, while serving as a policeman in any such city becomes physically
disabled by reason of any bodily injury received in the immediate or direct
performance or discharge of his duties as a policeman, or becomes incapacitated
for service on account of any duty connected disability, such incapacity
not having been caused or brought on by dissipation or abuse, of which the
board shall be judge, the board may, upon his written request filed with the
secretary, or without such written request, if it deems it to be for the
benefit of the public, retire such person from the department, and order and
direct that he be paid from the fund during his lifetime, a pension equal to
fifty percent of the amount of salary at any time hereafter attached to the
position which he held in the department at the date of his retirement, but not
to exceed an amount equivalent to fifty percent of the salary of captain except
as to a position higher than that of captain held for at least three calendar
years prior to the date of retirement in which case as to such position the
provisions of RCW 41.20.050 shall apply, and all existing pensions shall be
increased to not less than three hundred dollars per month as of April 25,
1973: PROVIDED, That where, at the time of retirement hereafter for duty
connected disability under this section, such person has served honorably
for a period of more than twenty-five years as a member, in any capacity, of
the regularly constituted police department of a city subject to the provisions
of this chapter, the foregoing percentage factors to be applied in computing
the pension payable under this section shall be increased by two percent of his
salary per year for each full year of such additional service to a maximum of
five additional years.
Whenever
such disability ceases, the pension shall cease, and such person shall be
restored to active service at the same rank he held at the time of his
retirement, and at the current salary attached to said rank at the time of his
return to active service.
Disability
benefits provided for by this chapter shall not be paid when the policeman is
disabled while he is engaged for compensation in outside work not of a police
or special police nature.
NEW
SECTION. Sec. 4. A
new section is added to chapter 41.20 RCW to read as follows:
Whenever
any person, while serving as a policeman in any such city becomes physically
disabled by reason of any bodily injury not incurred in the line of duty, or
becomes incapacitated for service, such incapacity not having been caused or
brought on by dissipation or abuse, of which the board shall be judge, the
board may, upon his written request filed with the secretary, or without such
written request, if it deems it to be for the benefit of the public, retire
such person from the department, and order and direct that he be paid from the
fund during his lifetime, a pension equal to fifty percent of the amount of
salary at any time hereafter attached to the position which he held in the
department at the date of his retirement, but not to exceed an amount
equivalent to fifty percent of the salary of captain, except as to a position
higher than that of captain held for at least three calendar years prior to the
date of retirement, in which case as to such position the provisions of RCW
41.20.050 shall apply, and all existing pensions shall be increased to not less
than three hundred dollars per month as of April 25, 1973: PROVIDED, That
where, at the time of retirement hereafter for disability under this section,
such person has served honorably for a period of more than twenty-five years as
a member, in any capacity, of the regularly constituted police department of a
city subject to the provisions of this chapter, the foregoing percentage
factors to be applied in computing the pension payable under this section shall
be increased by two percent of his salary per year for each full year of such
additional service, to a maximum of five additional years.
Whenever
such disability ceases, the pension shall cease, and such person shall be
restored to active service at the same rank he held at the time of his
retirement, and at the current salary attached to said rank at the time of his
return to active service.
Disability
benefits provided for by this chapter shall not be paid when the policeman is
disabled while he is engaged for compensation in outside work not of a police
or special police nature.
NEW
SECTION. Sec. 5. The
provisions of section 3 of this act apply retrospectively to all line of duty disability
retirement allowances heretofore granted under chapter 41.20 RCW.
NEW
SECTION. Sec. 6. 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.
