SHB 1417 -
By Committee on Transportation
ADOPTED 03/12/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.43.285 and 1996 c 226 s 2 are each amended to read
as follows:
(1) A one hundred fifty thousand dollar death benefit shall be paid
to the member's estate, or such person or persons, trust or
organization as the member shall have nominated by written designation
duly executed and filed with the department. If there be no such
designated person or persons still living at the time of the member's
death, such member's death benefit shall be paid to the member's
surviving spouse as if in fact such spouse had been nominated by
written designation, or if there be no such surviving spouse, then to
such member's legal representatives.
(2)(a) The benefit under this section shall be paid only where
death occurs as a result of injuries sustained in the course of
employment. 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.
(b) The retirement allowance paid to the spouse and dependent
children of a member who is killed in the course of employment, as set
forth in RCW 41.05.011(14), shall include reimbursement for any
payments of premium rates to the Washington state health care authority
under RCW 41.05.080.
Sec. 2 RCW 41.05.011 and 2005 c 143 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section shall apply throughout this chapter.
(1) "Administrator" means the administrator of the authority.
(2) "State purchased health care" or "health care" means medical
and health care, pharmaceuticals, and medical equipment purchased with
state and federal funds by the department of social and health
services, the department of health, the basic health plan, the state
health care authority, the department of labor and industries, the
department of corrections, the department of veterans affairs, and
local school districts.
(3) "Authority" means the Washington state health care authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01
RCW, a health care service contractor as defined in chapter 48.44 RCW,
or a health maintenance organization as defined in chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that allows
employees to choose the level of health care coverage provided and the
amount of employee contributions from among a range of choices offered
by the authority.
(6) "Employee" includes all full-time and career seasonal employees
of the state, whether or not covered by civil service; elected and
appointed officials of the executive branch of government, including
full-time members of boards, commissions, or committees; and includes
any or all part-time and temporary employees under the terms and
conditions established under this chapter by the authority; justices of
the supreme court and judges of the court of appeals and the superior
courts; and members of the state legislature or of the legislative
authority of any county, city, or town who are elected to office after
February 20, 1970. "Employee" also includes: (a) Employees of a
county, municipality, or other political subdivision of the state if
the legislative authority of the county, municipality, or other
political subdivision of the state seeks and receives the approval of
the authority to provide any of its insurance programs by contract with
the authority, as provided in RCW 41.04.205; (b) employees of employee
organizations representing state civil service employees, at the option
of each such employee organization, and, effective October 1, 1995,
employees of employee organizations currently pooled with employees of
school districts for the purpose of purchasing insurance benefits, at
the option of each such employee organization; and (c) employees of a
school district if the authority agrees to provide any of the school
districts' insurance programs by contract with the authority as
provided in RCW 28A.400.350.
(7) "Board" means the public employees' benefits board established
under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a school district or
educational service district and are receiving a retirement allowance
under chapter 41.32 or 41.40 RCW as of September 30, 1993;
(b) Persons who separate from employment with a school district or
educational service district on or after October 1, 1993, and
immediately upon separation receive a retirement allowance under
chapter 41.32, 41.35, or 41.40 RCW;
(c) Persons who separate from employment with a school district or
educational service district due to a total and permanent disability,
and are eligible to receive a deferred retirement allowance under
chapter 41.32, 41.35, or 41.40 RCW.
(9) "Benefits contribution plan" means a premium only contribution
plan, a medical flexible spending arrangement, or a cafeteria plan
whereby state and public employees may agree to a contribution to
benefit costs which will allow the employee to participate in benefits
offered pursuant to 26 U.S.C. Sec. 125 or other sections of the
internal revenue code.
(10) "Salary" means a state employee's monthly salary or wages.
(11) "Participant" means an individual who fulfills the eligibility
and enrollment requirements under the benefits contribution plan.
(12) "Plan year" means the time period established by the
authority.
(13) "Separated employees" means persons who separate from
employment with an employer as defined in:
(a) RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years of
service under the teachers' retirement system plan 3 as defined in RCW
41.32.010(40), the Washington school employees' retirement system plan
3 as defined in RCW 41.35.010, or the public employees' retirement
system plan 3 as defined in RCW 41.40.010.
(14) "Emergency service personnel killed in the line of duty" means
law enforcement officers and fire fighters as defined in RCW 41.26.030,
members of the Washington state patrol retirement fund as defined in
RCW 43.43.120, and reserve officers and fire fighters as defined in RCW
41.24.010 who die as a result of injuries sustained in the course of
employment as determined consistent with Title 51 RCW by the department
of labor and industries.
(15) "Employer" means the state of Washington.
(16) "Employing agency" means a division, department, or separate
agency of state government and a county, municipality, school district,
educational service district, or other political subdivision, covered
by this chapter.
Sec. 3 2006 c 345 s 2 (uncodified) is amended to read as follows:
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 except for section 2 of this act
takes effect immediately [May 7, 2001]. This act applies to all
surviving spouses and dependent children of (1) emergency service
personnel ((and)), (2) members of the law enforcement officers' and
fire fighters' retirement system plan 2, and (3) members of the
Washington state patrol retirement fund, killed in the line of duty.
NEW SECTION. Sec. 4 A new section is added to chapter 43.43 RCW
to read as follows:
The legislature reserves the right to amend or repeal the
reimbursement provisions of this act in the future and no member or
beneficiary has a contractual right to receive any distribution not
granted prior to that time.
NEW SECTION. Sec. 5 This act shall be known as "The Steve
Frink's and Jim Saunder's Law" in honor of Steve Frink and Jim
Saunders, Washington state patrol officers who were killed in the line
of duty."
SHB 1417 -
By Committee on Transportation
ADOPTED 03/12/2007
On page 1, line 1 of the title, after "benefits;" strike the remainder of the title and insert "amending RCW 43.43.285 and 41.05.011; amending 2006 c 345 s 2 (uncodified); adding a new section to chapter 43.43 RCW; and creating a new section."