S-1320.2  _______________________________________________

 

                         SENATE BILL 5986

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senators Goings, Benton, Bauer, Costa and Rasmussen

 

Read first time 02/18/1999.  Referred to Committee on Ways & Means.

Paying duty connected death or disability benefits.


    AN ACT Relating to duty connected death benefits under the law enforcement officers' and fire fighters' retirement system, plan 1; amending RCW 41.26.160; adding a new section to chapter 41.26 RCW; creating new sections; and declaring an emergency.

 

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

 

    NEW SECTION.  Sec. 1.  The purpose of sections 1 through 4 of this act is to clarify that the intent of the legislature in enacting RCW 41.26.160, insofar as that section provides benefits to members or surviving spouses for deaths incurred in the line of duty, was to provide a statute in the nature of a workers' compensation act that provides compensation to employees or surviving spouses for personal injuries or deaths incurred in the course of employment.  Accordingly, this act amends and divides RCW 41.26.160 into two separate sections.  Section 2 of this act clarifies and emphasizes the legislature's intent that the death benefits granted by RCW 41.26.160, as amended, are granted only to those members who die or become disabled by any injury or incapacity that is incurred in the line of duty.  Section 3 of this act continues to provide death retirement benefits to members or surviving spouses for deaths not incurred in the line of duty.

 

    Sec. 2.  RCW 41.26.160 and 1991 sp.s. c 11 s 5 are each amended to read as follows:

    (1) In the event of the duty connected death of any member who is in active service, or who has vested under the provisions of RCW 41.26.090 with twenty or more service credit years of service, or who is on duty connected disability leave or retired((, whether)) for duty connected disability ((or service)), the surviving spouse shall become entitled to receive a monthly allowance equal to fifty percent of the final average salary at the date of death if active, or the amount of retirement allowance the vested member would have received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of death if retired for ((service or)) duty connected disability.  The amount of this allowance will be increased five percent of final average salary for each child as defined in RCW 41.26.030(7), ((as now or hereafter amended,)) subject to a maximum combined allowance of sixty percent of final average salary:  PROVIDED, That if the child or children is or are in the care of a legal guardian, payment of the increase attributable to each child will be made to the child's legal guardian or, in the absence of a legal guardian and if the member has created a trust for the benefit of the child or children, payment of the increase attributable to each child will be made to the trust.

    (2) If at the time of the duty connected death of a vested member with twenty or more service credit years of service as provided in subsection (1) of this section or a member retired for ((service or)) duty connected disability, the surviving spouse has not been lawfully married to such member for one year prior to retirement or separation from service if a vested member, the surviving spouse shall not be eligible to receive the benefits under this section:  PROVIDED, That if a member dies as a result of a disability incurred in the line of duty, then if he or she was married at the time he or she was disabled, the surviving spouse shall be eligible to receive the benefits under this section.

    (3) If there be no surviving spouse eligible to receive benefits at the time of such member's duty connected death, then the child or children of such member shall receive a monthly allowance equal to thirty percent of final average salary for one child and an additional ten percent for each additional child subject to a maximum combined payment, under this subsection, of sixty percent of final average salary.  When there cease to be any eligible children as defined in RCW 41.26.030(7), ((as now or hereafter amended,)) there shall be paid to the legal heirs of ((said)) the member the excess, if any, of accumulated contributions of ((said)) the member at the time of death over all payments made to survivors on his or her behalf under this chapter:  PROVIDED, That payments under this subsection to children shall be prorated equally among the children, if more than one.  If the member has created a trust for the benefit of the child or children, the payment shall be made to the trust.

    (4) In the event that there is no surviving spouse eligible to receive benefits under this section, and that there be no child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the estate of ((said)) the member.

    (5) If a surviving spouse receiving benefits under the provisions of this section thereafter dies and there are children as defined in RCW 41.26.030(7), ((as now or hereafter amended,)) payment to the spouse shall cease and the child or children shall receive the benefits as provided in subsection (3) of this section.

    (6) The payment provided by this section shall become due the day following the date of death and payments shall be retroactive to that date.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 41.26 RCW under the subchapter heading "plan 1" to read as follows:

    (1) In the event of the nonduty connected death of any member who is in active service, or who has vested under the provisions of RCW 41.26.090 with twenty or more service credit years of service, or who is on disability leave or retired, whether for nonduty connected disability or service, the surviving spouse shall become entitled to receive a monthly allowance equal to fifty percent of the final average salary at the date of death if active, or the amount of retirement allowance the vested member would have received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of death if retired for service or nonduty connected disability.  The amount of this allowance will be increased five percent of final average salary for each child as defined in RCW 41.26.030(7), subject to a maximum combined allowance of sixty percent of final average salary:  PROVIDED, That if the child or children is or are in the care of a legal guardian, payment of the increase attributable to each child will be made to the child's legal guardian or, in the absence of a legal guardian and if the member has created a trust for the benefit of the child or children, payment of the increase attributable to each child will be made to the trust.

    (2) If at the time of the death of a vested member with twenty or more service credit years of service as provided in subsection (1) of this section or a member retired for service or disability, the surviving spouse has not been lawfully married to such member for one year prior to retirement or separation from service if a vested member, the surviving spouse shall not be eligible to receive the benefits under this section.

    (3) If there be no surviving spouse eligible to receive benefits at the time of such member's death, then the child or children of such member shall receive a monthly allowance equal to thirty percent of final average salary for one child and an additional ten percent for each additional child subject to a maximum combined payment, under this subsection, of sixty percent of final average salary.  When there cease to be any eligible children as defined in RCW 41.26.030(7), there shall be paid to the legal heirs of the member the excess, if any, of accumulated contributions of the member at the time of death over all payments made to survivors on his or her behalf under this chapter:  PROVIDED, That payments under this subsection to children shall be prorated equally among the children, if more than one.  If the member has created a trust for the benefit of the child or children, the payment shall be made to the trust.

    (4) In the event that there is no surviving spouse eligible to receive benefits under this section, and that there be no child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the estate of said member.

    (5) If a surviving spouse receiving benefits under the provisions of this section thereafter dies and there are children as defined in RCW 41.26.030(7), payment to the spouse shall cease and the child or children shall receive the benefits as provided in subsection (3) of this section.

    (6) The payment provided by this section shall become due the day following the date of death and payments shall be retroactive to that date.

 

    NEW SECTION.  Sec. 4.  The provisions of section 2 of this act apply retrospectively to all line of duty death retirement allowances granted under chapter 41.26 RCW prior to the effective date of this act.

 

    NEW SECTION.  Sec. 5.  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.

 


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