Passed by the House March 3, 2009 Yeas 97   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 10, 2009 Yeas 47   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1551 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 | 61st Legislature | 2009 Regular Session |
Read first time 01/23/09. Referred to Committee on Ways & Means.
AN ACT Relating to the survivor benefits of employees who die while honorably serving in the national guard or military reserves during a period of war; and amending RCW 41.26.160, 41.26.510, 43.43.270, 43.43.295, 41.32.520, 41.32.805, 41.32.895, 41.35.460, 41.35.710, 41.37.250, 41.40.270, 41.40.700, and 41.40.835.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.26.160 and 2005 c 62 s 1 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 for duty connected
disability, or upon the death of a member who has left the employ of an
employer due to service in the national guard or military reserves and
dies while honorably serving in the national guard or military reserves
during a period of war as defined in RCW 41.04.005, the surviving
spouse shall become entitled, subject to RCW 41.26.162, 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 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), 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 duty connected
disability, or at the time of the death of a member who has left the
employ of an employer due to service in the national guard or military
reserves and dies while honorably serving in the national guard or
military reserves during a period of war as defined in RCW 41.04.005,
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 or while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, then if he or she was married at the
time he or she was disabled or left the employ of an employer due to
service in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, 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), 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 the member.
(5) If a surviving spouse receiving benefits under this section
remarries after June 13, 2002, the surviving spouse shall continue to
receive the benefits under this section.
(6) 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.
(7) The payment provided by this section shall become due the day
following the date of death and payments shall be retroactive to that
date.
Sec. 2 RCW 41.26.510 and 2006 c 345 s 1 are each amended to read
as follows:
(1) Except as provided in RCW 11.07.010, if a member or a vested
member who has not completed at least ten years of service dies, the
amount of the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's death,
less any amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under RCW
41.50.670, 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 accumulated contributions standing
to such member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW
41.26.430, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under RCW 41.26.460 and if the member was not eligible
for normal retirement at the date of death a further reduction as
described in RCW 41.26.430; if a surviving spouse who is receiving a
retirement allowance dies leaving a child or children of the member
under the age of majority, then such child or children shall continue
to receive an allowance in an amount equal to that which was being
received by the surviving spouse, share and share alike, until such
child or children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the member's
death, such member's child or children under the age of majority shall
receive an allowance share and share alike calculated as herein
provided making the assumption that the ages of the spouse and member
were equal at the time of the member's death; or
(b)(i) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670; or
(ii) If the member dies on or after July 25, 1993, one hundred
fifty percent of the member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670. Any
accumulated contributions attributable to restorations made under RCW
41.50.165(2) shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies after October 1, 1977, and
is not survived by a spouse or an eligible child, then the accumulated
contributions standing to the member's credit, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
shall be paid:
(a) To an estate, a person or persons, trust, or organization as
the member shall have nominated by written designation duly executed
and filed with the department; or
(b) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) The retirement allowance of a member who is killed in the
course of employment, as determined by the director of the department
of labor and industries, or the retirement allowance of a member who
has left the employ of an employer due to service in the national guard
or military reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in RCW
41.04.005, is not subject to an actuarial reduction. The member's
retirement allowance is computed under RCW 41.26.420.
(5) 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
pursuant to RCW 41.05.080.
Sec. 3 RCW 43.43.270 and 2006 c 94 s 1 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, or a member leaves the
employ of the employer due to service in the national guard or military
reserves and dies while honorably serving in the national guard or
military reserves during a period of war as defined in RCW 41.04.005,
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, or a member leaves the employ of the
employer due to service in the national guard or military reserves and
dies while honorably serving in the national guard or military reserves
during a period of war as defined in RCW 41.04.005, 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 June 7, 2006, 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 chapter 94, Laws of 2006.
Sec. 4 RCW 43.43.295 and 2004 c 171 s 1 are each amended to read
as follows:
(1) For members commissioned on or after January 1, 2003, except as
provided in RCW 11.07.010, if a member or a vested member who has not
completed at least ten years of service dies, the amount of the
accumulated contributions standing to such member's credit in the
retirement system at the time of such member's death, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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 accumulated contributions standing to
such member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW
43.43.260, actuarially reduced, except under subsection (4) of this
section, by the amount of any lump sum benefit identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670 and actuarially adjusted to
reflect a joint and one hundred percent survivor option under RCW
43.43.278 and if the member was not eligible for normal retirement at
the date of death a further reduction from age fifty-five or when the
member could have attained twenty-five years of service, whichever is
less; if a surviving spouse who is receiving a retirement allowance
dies leaving a child or children of the member under the age of
majority, then such child or children shall continue to receive an
allowance in an amount equal to that which was being received by the
surviving spouse, share and share alike, until such child or children
reach the age of majority; if there is no surviving spouse eligible to
receive an allowance at the time of the member's death, such member's
child or children under the age of majority shall receive an allowance
share and share alike calculated under this section making the
assumption that the ages of the spouse and member were equal at the
time of the member's death; or
(b)(i) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670; or
(ii) If the member dies, one hundred fifty percent of the member's
accumulated contributions, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670. Any accumulated contributions
attributable to restorations made under RCW 41.50.165(2) shall be
refunded at one hundred percent.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, and is not survived by a
spouse or an eligible child, then the accumulated contributions
standing to the member's credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as
the member shall have nominated by written designation duly executed
and filed with the department; or
(b) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) The retirement allowance of a member who is killed in the
course of employment, as determined by the director of the department
of labor and industries, or the retirement allowance of a member who
has left the employ of an employer due to service in the national guard
or military reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in RCW
41.04.005, is not subject to an actuarial reduction.
Sec. 5 RCW 41.32.520 and 2003 c 155 s 1 are each amended to read
as follows:
(1) Except as specified in subsection (3) of this section, upon
receipt of proper proofs of death of any member before retirement or
before the first installment of his or her retirement allowance shall
become due his or her accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
and/or other benefits payable upon his or her death shall be paid to
his or her estate or to such persons, trust, or organization as he or
she shall have nominated by written designation duly executed and filed
with the department. If a member fails to file a new beneficiary
designation subsequent to marriage, divorce, or reestablishment of
membership following termination by withdrawal, lapsation, or
retirement, payment of his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
and/or other benefits upon death before retirement shall be made to the
surviving spouse, if any; otherwise, to his or her estate. If a member
had established ten or more years of Washington membership service
credit or was eligible for retirement, the beneficiary or the surviving
spouse if otherwise eligible may elect, in lieu of a cash refund of the
member's accumulated contributions, the following survivor benefit plan
actuarially reduced, except under subsection (4) of this section, by
the amount of any lump sum benefit identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670:
(a) A widow or widower, without a child or children under eighteen
years of age, may elect a monthly payment of fifty dollars to become
effective at age fifty, provided the member had fifteen or more years
of Washington membership service credit. A benefit paid under this
subsection (1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent (as that
term is used in computing the dependent exemption for federal internal
revenue purposes) may elect to receive a joint and one hundred percent
retirement allowance under RCW 41.32.530.
(i) In the case of a dependent child the allowance shall continue
until attainment of majority or so long as the department judges that
the circumstances which created his or her dependent status continue to
exist. In any case, if at the time dependent status ceases, an amount
equal to the amount of accumulated contributions of the deceased member
has not been paid to the beneficiary, the remainder shall then be paid
in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then qualified for
a service retirement allowance, the benefit shall be based upon the
actuarial equivalent of the sum necessary to pay the accrued regular
retirement allowance commencing when the deceased member would have
first qualified for a service retirement allowance.
(2) If no qualified beneficiary survives a member, at his or her
death his or her accumulated contributions, less any amount identified
as owing to an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall be paid to
his or her estate, or his or her dependents may qualify for survivor
benefits under benefit plan (1)(b) in lieu of a cash refund of the
members accumulated contributions in the following order: Widow or
widower, guardian of a dependent child or children under age eighteen,
or dependent parent or parents.
(3) If a member dies within sixty days following application for
disability retirement under RCW 41.32.550, the beneficiary named in the
application may elect to receive the benefit provided by:
(a) This section; or
(b) RCW 41.32.550, according to the option chosen under RCW
41.32.530 in the disability application.
(4) The retirement allowance of a member who is killed in the
course of employment, as determined by the director of the department
of labor and industries, or the retirement allowance of a member who
has left the employ of an employer due to service in the national guard
or military reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in RCW
41.04.005, is not subject to an actuarial reduction. The member's
retirement allowance is computed under RCW 41.32.480.
Sec. 6 RCW 41.32.805 and 2003 c 155 s 2 are each amended to read
as follows:
(1) Except as provided in RCW 11.07.010, if a member or a vested
member who has not completed at least ten years of service dies, the
amount of the accumulated contributions standing to such member's
credit in the retirement system, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, at the time of such member's
death 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 accumulated contributions standing to
such member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW
41.32.765, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under RCW 41.32.785 and, except under subsection (4) of
this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW 41.32.765; if
a surviving spouse who is receiving a retirement allowance dies leaving
a child or children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's child or
children under the age of majority shall receive an allowance share and
share alike calculated as herein provided making the assumption that
the ages of the spouse and member were equal at the time of the
member's death; or
(b) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies after October 1, 1977, and
is not survived by a spouse or an eligible child, then the accumulated
contributions standing to the member's credit, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
shall be paid:
(a) To an estate, a person or persons, trust, or organization as
the member shall have nominated by written designation duly executed
and filed with the department; or
(b) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.32.765. The member's retirement allowance is
computed under RCW 41.32.760.
Sec. 7 RCW 41.32.895 and 2003 c 155 s 3 are each amended to read
as follows:
(1) If a member dies prior to retirement, the surviving spouse or
eligible child or children shall receive a retirement allowance
computed as provided in RCW 41.32.851 actuarially reduced to reflect a
joint and one hundred percent survivor option and, except under
subsection (2) of this section, if the member was not eligible for
normal retirement at the date of death a further reduction as described
in RCW 41.32.875.
If the surviving spouse who is receiving the retirement allowance
dies leaving a child or children under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority.
If there is no surviving spouse eligible to receive an allowance at
the time of the member's death, such member's child or children under
the age of majority shall receive an allowance, share and share alike.
The allowance shall be calculated with the assumption that the age of
the spouse and member were equal at the time of the member's death.
(2) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.32.875. The member's retirement allowance is
computed under RCW 41.32.840.
Sec. 8 RCW 41.35.460 and 2003 c 155 s 4 are each amended to read
as follows:
(1) Except as provided in RCW 11.07.010, if a member or a vested
member who has not completed at least ten years of service dies, the
amount of the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's death,
less any amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under RCW
41.50.670, 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 accumulated contributions standing
to such member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW
41.35.420, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under RCW 41.35.220 and, except under subsection (4) of
this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW 41.35.420; if
a surviving spouse who is receiving a retirement allowance dies leaving
a child or children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's child or
children under the age of majority shall receive an allowance, share
and share alike, calculated as herein provided making the assumption
that the ages of the spouse and member were equal at the time of the
member's death; or
(b) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies and is not survived by a
spouse or an eligible child, then the accumulated contributions
standing to the member's credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization as the
member shall have nominated by written designation duly executed and
filed with the department; or
(b) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.35.420. The member's retirement allowance is
computed under RCW 41.35.400.
Sec. 9 RCW 41.35.710 and 2003 c 155 s 5 are each amended to read
as follows:
(1) If a member dies prior to retirement, the surviving spouse or
eligible child or children shall receive a retirement allowance
computed as provided in RCW 41.35.620 actuarially reduced to reflect a
joint and one hundred percent survivor option and, except under
subsection (2) of this section, if the member was not eligible for
normal retirement at the date of death a further reduction as described
in RCW 41.35.680.
If the surviving spouse who is receiving the retirement allowance
dies leaving a child or children under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority.
If there is no surviving spouse eligible to receive an allowance at
the time of the member's death, such member's child or children under
the age of majority shall receive an allowance, share and share alike.
The allowance shall be calculated with the assumption that the age of
the spouse and member were equal at the time of the member's death.
(2) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.35.680. The member's retirement allowance is
computed under RCW 41.35.620.
Sec. 10 RCW 41.37.250 and 2005 c 327 s 7 are each amended to read
as follows:
(1) Except as provided in RCW 11.07.010, if a member or a vested
member who has not completed at least ten years of service dies, the
amount of the accumulated contributions standing to that member's
credit in the retirement system at the time of the member's death, less
any amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under RCW
41.50.670, shall be paid to the member's estate, or the person or
persons, trust, or organization as the member shall have nominated by
written designation duly executed and filed with the department. If
there is no designated person or persons still living at the time of
the member's death, the member's accumulated contributions standing to
the member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
shall be paid to the member's surviving spouse as if in fact that
spouse had been nominated by written designation, or if there is no
surviving spouse, then to the member's legal representatives.
(2) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW
41.37.210, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under RCW 41.37.170 and, except under subsection (4) of
this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW 41.37.210; if
a surviving spouse who is receiving a retirement allowance dies leaving
a child or children of the member under the age of majority, then the
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until the child or children reach the age of majority;
if there is no surviving spouse eligible to receive an allowance at the
time of the member's death, the member's child or children under the
age of majority shall receive an allowance, share and share alike,
calculated under this section making the assumption that the ages of
the spouse and member were equal at the time of the member's death; or
(b) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies and is not survived by a
spouse or an eligible child, then the accumulated contributions
standing to the member's credit, less any amount identified as owing to
an obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, shall be paid:
(a) To a person or persons, estate, trust, or organization as the
member shall have nominated by written designation duly executed and
filed with the department; or
(b) If there is no designated person or persons still living at the
time of the member's death, then to the member's legal representatives.
(4) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to reduction under RCW
41.37.210. The member's retirement allowance is computed under RCW
41.37.190.
Sec. 11 RCW 41.40.270 and 2003 c 155 s 6 are each amended to read
as follows:
(1) Except as specified in subsection (4) of this section, should
a member die before the date of retirement the amount of the
accumulated contributions standing to the member's credit in the
employees' savings fund, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670, at the time of death:
(a) 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; or
(b) If there be no such designated person or persons still living
at the time of the member's death, or if a member fails to file a new
beneficiary designation subsequent to marriage, remarriage, dissolution
of marriage, divorce, or reestablishment of membership following
termination by withdrawal or retirement, such accumulated
contributions, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court order filed
under RCW 41.50.670, shall be paid to the surviving spouse as if in
fact such spouse had been nominated by written designation as
aforesaid, or if there be no such surviving spouse, then to the
member's legal representatives.
(2) Upon the death in service, or while on authorized leave of
absence for a period not to exceed one hundred and twenty days from the
date of payroll separation, of any member who is qualified but has not
applied for a service retirement allowance or has completed ten years
of service at the time of death, the designated beneficiary, or the
surviving spouse as provided in subsection (1) of this section, may
elect to waive the payment provided by subsection (1) of this section.
Upon such an election, a joint and one hundred percent survivor option
under RCW 41.40.188, calculated under the retirement allowance
described in RCW 41.40.185 or 41.40.190, whichever is greater,
actuarially reduced, except under subsection (5) of this section, by
the amount of any lump sum benefit identified as owing to an obligee
upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670 shall automatically be given effect as if
selected for the benefit of the designated beneficiary. If the member
is not then qualified for a service retirement allowance, such benefit
shall be based upon the actuarial equivalent of the sum necessary to
pay the accrued regular retirement allowance commencing when the
deceased member would have first qualified for a service retirement
allowance.
(3) Subsection (1) of this section, unless elected, shall not apply
to any member who has applied for service retirement in RCW 41.40.180,
as now or hereafter amended, and thereafter dies between the date of
separation from service and the member's effective retirement date,
where the member has selected a survivorship option under RCW
41.40.188. In those cases the beneficiary named in the member's final
application for service retirement may elect to receive either a cash
refund, less any amount identified as owing to an obligee upon
withdrawal of accumulated contributions pursuant to a court order filed
under RCW 41.50.670, or monthly payments according to the option
selected by the member.
(4) If a member dies within sixty days following application for
disability retirement under RCW 41.40.230, the beneficiary named in the
application may elect to receive the benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen under RCW
41.40.188 in the disability application.
(5) The retirement allowance of a member who is killed in the
course of employment, as determined by the director of the department
of labor and industries, or the retirement allowance of a member who
has left the employ of an employer due to service in the national guard
or military reserves and dies while honorably serving in the national
guard or military reserves during a period of war as defined in RCW
41.04.005, is not subject to an actuarial reduction. The member's
retirement allowance is computed under RCW 41.40.185.
Sec. 12 RCW 41.40.700 and 2007 c 487 s 8 are each amended to read
as follows:
(1) Except as provided in RCW 11.07.010, if a member or a vested
member who has not completed at least ten years of service dies, the
amount of the accumulated contributions standing to such member's
credit in the retirement system at the time of such member's death,
less any amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under RCW
41.50.670, 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 accumulated contributions standing
to such member's credit in the retirement system, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
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) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies, the surviving spouse or
eligible child or children shall elect to receive one of the following:
(a) A retirement allowance computed as provided for in RCW
41.40.630, actuarially reduced by the amount of any lump sum benefit
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670 and
actuarially adjusted to reflect a joint and one hundred percent
survivor option under RCW 41.40.660 and, except under subsection (4) of
this section, if the member was not eligible for normal retirement at
the date of death a further reduction as described in RCW 41.40.630; if
a surviving spouse who is receiving a retirement allowance dies leaving
a child or children of the member under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority; if there is no surviving spouse eligible to receive an
allowance at the time of the member's death, such member's child or
children under the age of majority shall receive an allowance share and
share alike calculated as herein provided making the assumption that
the ages of the spouse and member were equal at the time of the
member's death;
(b) The member's accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670; or
(c) For a member who leaves the employ of an employer to enter the
uniformed services of the United States and who dies after January 1,
2007, while honorably serving in the uniformed services of the United
States in Operation Enduring Freedom or Persian Gulf, Operation Iraqi
Freedom, an amount equal to two hundred percent of the member's
accumulated contributions, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a
court order filed under RCW 41.50.670.
(3) If a member who is eligible for retirement or a member who has
completed at least ten years of service dies after October 1, 1977, and
is not survived by a spouse or an eligible child, then the accumulated
contributions standing to the member's credit, less any amount
identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670,
shall be paid:
(a) To a person or persons, estate, trust, or organization as the
member shall have nominated by written designation duly executed and
filed with the department; or
(b) If there is no such designated person or persons still living
at the time of the member's death, then to the member's legal
representatives.
(4) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.40.630. The member's retirement allowance is
computed under RCW 41.40.620.
Sec. 13 RCW 41.40.835 and 2003 c 155 s 8 are each amended to read
as follows:
(1) If a member dies prior to retirement, the surviving spouse or
eligible child or children shall receive a retirement allowance
computed as provided in RCW 41.40.790 actuarially reduced to reflect a
joint and one hundred percent survivor option and, except under
subsection (2) of this section, if the member was not eligible for
normal retirement at the date of death a further reduction as described
in RCW 41.40.820.
If the surviving spouse who is receiving the retirement allowance
dies leaving a child or children under the age of majority, then such
child or children shall continue to receive an allowance in an amount
equal to that which was being received by the surviving spouse, share
and share alike, until such child or children reach the age of
majority.
If there is no surviving spouse eligible to receive an allowance at
the time of the member's death, such member's child or children under
the age of majority shall receive an allowance, share and share alike.
The allowance shall be calculated with the assumption that the age of
the spouse and member were equal at the time of the member's death.
(2) A member who is killed in the course of employment, as
determined by the director of the department of labor and industries,
or a member who has left the employ of an employer due to service in
the national guard or military reserves and dies while honorably
serving in the national guard or military reserves during a period of
war as defined in RCW 41.04.005, is not subject to an actuarial
reduction under RCW 41.40.820. The member's retirement allowance is
computed under RCW 41.40.790.