BILL REQ. #:  H-4311.2 

Read first time 01/29/10.   Referred to Committee on Ways & Means.

     AN ACT Relating to designation of a spouse for certain survivor benefits under the firefighters' relief and pensions act of 1955; and amending RCW 41.18.042.

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

Sec. 1   RCW 41.18.042 and 2009 c 156 s 1 are each amended to read as follows:
     (1) Any retired firefighter married to a spouse ineligible for survivor benefits under RCW 41.18.040, 41.18.080, and 41.18.100 may choose an actuarially equivalent benefit adopted by the board that pays the retired firefighter a reduced retirement allowance, and upon death such portion of the retired firefighter's reduced retirement allowance as designated by the retired firefighter shall be continued throughout the life of the spouse.
     (2) A retired firefighter who married a spouse ineligible for survivor benefits under RCW 41.18.040, 41.18.080, and 41.18.100 prior to July 26, 2009, has one year after July 26, 2009, to designate their spouse as a survivor beneficiary.
     (3) A retired firefighter who married, on or after July 26, 2009, a spouse ineligible for survivor benefits under RCW 41.18.040, 41.18.080, and 41.18.100 may designate their spouse as a survivor beneficiary during a one-year period beginning one year after the date of marriage to the spouse ineligible for survivor benefits.
     (4) The benefit provided to a child survivor beneficiary under RCW 41.18.040, 41.18.080, and 41.18.100 shall not be affected or reduced by the retired firefighter's selection of the actuarially reduced spousal survivor benefit provided by this section, and shall be equivalent to the amount payable as if the choice under subsection (1) of this section was not made.
     (((4))) (5)(a) Any retired firefighter who chose to receive a reduced retirement allowance under subsection (1) of this section is entitled to receive a retirement allowance adjusted in accordance with (b) of this subsection if:
     (i) The retiree's survivor spouse designated in subsection (1) of this section predeceases the retiree; and
     (ii) The retiree provides to the board proper proof of the designated beneficiary's death.
     (b) The retirement allowance payable to the retiree from the beginning of the month following the date of the beneficiary's death shall be the current monthly amount payable as if the selection under subsection (1) of this section was not made.