6380.E AMH  HARD 13

ESB 6380 - H AMD Adopted 3-8-02 0483

By Representative ___

     On page 2, line 21, after "(5)" insert "If a surviving spouse receiving benefits under this section remarries after the effective date of this act, the surviving spouse shall continue to receive the benefits under this section.

(6)"

     On page 2, line 26, strike "(6)" and insert "(((6))) (7)"

     On page 3, line 37, after "(5)" insert "If a surviving spouse receiving benefits under this section remarries after the effective date of this act, the surviving spouse shall continue to receive the benefits under this section.

(6)"

     On page 4, line 3, strike "(6)" and insert "(((6))) (7)"

     On page 4 after line 34, insert the following:

A(3)(a) An ex spouse of a law enforcement officers' and fire fighters' retirement system plan 1 member with at least thirty years of service who:

(i) Divorced the member after being married to the member for at least twenty-five years; and

(ii) Entered into a court order or court-approved property settlement agreement incident to the divorce that awarded a portion of the member's benefits to the ex spouse after the effective date of this act;

shall continue to receive that portion of the member's benefit after the member's death as if the member was still alive.

(b) This subsection shall apply only to a divorce entered into after January 1, 1997.  However, no payments shall be made to an ex spouse of a deceased member qualifying under this subsection for any period prior to the effective date of this section.@

On page 8, line 15, after Acease.@, insert the following:

AThe department's obligation to provide direct payment to a nonmember ex spouse qualifying for a continued split benefit payment under RCW 41.26.162(3) shall continue for the life of that nonmember ex spouse.@

EFFECT:  Makes two changes:

     1)    Allows persons who became surviving spouses prior to 1977 to remarry without losing their survivor benefits.  This is consistent with current practice with regard to persons who became surviving spouses after 1977.

     2) Changes the LEOFF 1 portion of the striking amendment,  extending the policy in the bill passed out of committee regarding continuation of split benefits after the death of the member. Criteria for continuation are as follows: the marriage lasted 25 years or more, the member had at least 30 years of service, and the divorce occurred on or after January 1, 1997.

     All other sections and retirement systems are unaffected.