Passed by the House February 13, 2006 Yeas 98   ________________________________________ Speaker of the House of Representatives Passed by the Senate March 2, 2006 Yeas 43   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 3137 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/08/06.
AN ACT Relating to benefits for surviving spouses of disabled Washington state patrol officers; amending RCW 43.43.270, 41.45.0631, and 41.45.070; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.43.270 and 2002 c 158 s 15 are each amended to read
as follows:
For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an allowance
which shall continue as long as the member lives.
(2) If a member should die while in service the member's lawful
spouse shall be paid an allowance which shall be equal to fifty percent
of the average final salary of the member. If the member should die
after retirement the member's lawful spouse shall be paid an allowance
which shall be equal to the retirement allowance then payable to the
member or fifty percent of the final average salary used in computing
the member's retirement allowance, whichever is less. The allowance
paid to the lawful spouse shall continue as long as the spouse lives:
PROVIDED, That if a surviving spouse who is receiving benefits under
this subsection marries another member of this retirement system who
subsequently predeceases such spouse, the spouse shall then be entitled
to receive the higher of the two survivors' allowances for which
eligibility requirements were met, but a surviving spouse shall not
receive more than one survivor's allowance from this system at the same
time under this subsection. To be eligible for an allowance the lawful
surviving spouse of a retired member shall have been married to the
member prior to the member's retirement and continuously thereafter
until the date of the member's death or shall have been married to the
retired member at least two years prior to the member's death. The
allowance paid to the lawful spouse may be divided with an ex spouse of
the member by a dissolution order as defined in RCW 41.50.500(3)
incident to a divorce occurring after July 1, 2002. The dissolution
order must specifically divide both the member's benefit and any
spousal survivor benefit, and must fully comply with RCW 41.50.670 and
41.50.700.
(3) If a member should die, either while in service or after
retirement, the member's surviving unmarried children under the age of
eighteen years shall be provided for in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to
a benefit equal to five percent of the final average salary of the
member or retired member. The combined benefits to the surviving
spouse and all children shall not exceed sixty percent of the final
average salary of the member or retired member; and
(b) If there is no surviving spouse or the spouse should die, the
child or children shall be entitled to a benefit equal to thirty
percent of the final average salary of the member or retired member for
one child and an additional ten percent for each additional child. The
combined benefits to the children under this subsection shall not
exceed sixty percent of the final average salary of the member or
retired member. Payments under this subsection shall be prorated
equally among the children, if more than one.
(4) If a member should die in the line of duty while employed by
the Washington state patrol, the member's surviving children under the
age of twenty years and eleven months if attending any high school,
college, university, or vocational or other educational institution
accredited or approved by the state of Washington shall be provided for
in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to
a benefit equal to five percent of the final average salary of the
member. The combined benefits to the surviving spouse and all children
shall not exceed sixty percent of the final average salary of the
member;
(b) If there is no surviving spouse or the spouse should die, the
unmarried child or children shall be entitled to receive a benefit
equal to thirty percent of the final average salary of the member or
retired member for one child and an additional ten percent for each
additional child. The combined benefits to the children under this
subsection shall not exceed sixty percent of the final average salary.
Payments under this subsection shall be prorated equally among the
children, if more than one; and
(c) If a beneficiary under this subsection reaches the age of
twenty-one years during the middle of a term of enrollment the benefit
shall continue until the end of that term.
(5)(a) The provisions of this section shall apply to members who
have been retired on disability as provided in RCW 43.43.040 if the
officer was a member of the Washington state patrol retirement system
at the time of such disability retirement.
(b) For the purposes of this subsection, average final salary as
used in subsection (2) of this section means:
(i) For members commissioned prior to January 1, 2003, the average
monthly salary received by active members of the patrol of the rank at
which the member became disabled, during the two years prior to the
death of the disabled member; and
(ii) For members commissioned on or after January 1, 2003, the
average monthly salary received by active members of the patrol of the
rank at which the member became disabled, during the five years prior
to the death of the disabled member.
(c) The changes to the definitions of average final salary for the
survivors of disabled members in this subsection shall apply
retroactively. The department shall correct future payments to
eligible survivors of members disabled prior to the effective date of
this act, and, as soon as administratively practicable, pay each
survivor a lump sum payment reflecting the difference, as determined by
the director, between the survivor benefits previously received by the
member, and those the member would have received under the definitions
of average final salary created in this act.
Sec. 2 RCW 41.45.0631 and 2001 c 329 s 11 are each amended to
read as follows:
Beginning July 1, 2001, the required contribution rate for members
of the Washington state patrol retirement system shall be two percent
or equal to the employer rate adopted under RCW 41.45.060 and 41.45.070
for the Washington state patrol retirement system, whichever is
greater. The employee contribution rate shall not, however, include
any increase as a result of distributions under RCW 43.43.270(2) for
survivors of members who became disabled under RCW 43.43.040(2) prior
to July 1, 2006.
Sec. 3 RCW 41.45.070 and 2004 c 242 s 41 are each amended to read
as follows:
(1) In addition to the basic employer contribution rate established
in RCW 41.45.060 or 41.45.054, the department shall also charge
employers of public employees' retirement system, teachers' retirement
system, school employees' retirement system, public safety employees'
retirement system, or Washington state patrol retirement system members
an additional supplemental rate to pay for the cost of additional
benefits, if any, granted to members of those systems. Except as
provided in subsections (6) and (7) of this section, the supplemental
contribution rates required by this section shall be calculated by the
state actuary and shall be charged regardless of language to the
contrary contained in the statute which authorizes additional benefits.
(2) In addition to the basic member, employer, and state
contribution rate established in RCW 41.45.0604 for the law enforcement
officers' and fire fighters' retirement system plan 2, the department
shall also establish supplemental rates to pay for the cost of
additional benefits, if any, granted to members of the law enforcement
officers' and fire fighters' retirement system plan 2. Except as
provided in subsection (6) of this section, these supplemental rates
shall be calculated by the actuary retained by the law enforcement
officers' and fire fighters' board and the state actuary through the
process provided in RCW 41.26.720(1)(a) and the state treasurer shall
transfer the additional required contributions regardless of language
to the contrary contained in the statute which authorizes the
additional benefits.
(3) The supplemental rate charged under this section to fund
benefit increases provided to active members of the public employees'
retirement system plan 1, the teachers' retirement system plan 1, and
Washington state patrol retirement system, shall be calculated as the
level percentage of all members' pay needed to fund the cost of the
benefit not later than June 30, 2024.
(4) The supplemental rate charged under this section to fund
benefit increases provided to active and retired members of the public
employees' retirement system plan 2 and plan 3, the teachers'
retirement system plan 2 and plan 3, the public safety employees'
retirement system plan 2, or the school employees' retirement system
plan 2 and plan 3 shall be calculated as the level percentage of all
members' pay needed to fund the cost of the benefit, as calculated
under RCW 41.45.060, 41.45.061, or 41.45.067.
(5) The supplemental rate charged under this section to fund
postretirement adjustments which are provided on a nonautomatic basis
to current retirees shall be calculated as the percentage of pay needed
to fund the adjustments as they are paid to the retirees. The
supplemental rate charged under this section to fund automatic
postretirement adjustments for active or retired members of the public
employees' retirement system plan 1 and the teachers' retirement system
plan 1 shall be calculated as the level percentage of pay needed to
fund the cost of the automatic adjustments not later than June 30,
2024.
(6) A supplemental rate shall not be charged to pay for the cost of
additional benefits granted to members pursuant to chapter 340, Laws of
1998.
(7) A supplemental rate shall not be charged to pay for the cost of
additional benefits granted to members pursuant to chapter 41.31A RCW;
section 309, chapter 341, Laws of 1998; or section 701, chapter 341,
Laws of 1998.
(8) A supplemental rate shall not be charged to pay for the cost of
additional benefits granted to members and survivors pursuant to this
act.
NEW SECTION. Sec. 4 Section 3 of this act takes effect July 1,
2006.