Passed by the House March 3, 2009 Yeas 97   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 7, 2009 Yeas 44   ________________________________________ 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 1678 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 01/27/09. Referred to Committee on Ways & Means.
AN ACT Relating to members of the law enforcement officers' and firefighters' retirement system plan 2 who were disabled in the line of duty before January 1, 2001; and amending RCW 41.26.470.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.26.470 and 2006 c 39 s 1 are each amended to read
as follows:
(1) A member of the retirement system who becomes totally
incapacitated for continued employment by an employer as determined by
the director shall be eligible to receive an allowance under the
provisions of RCW 41.26.410 through 41.26.550. Such member shall
receive a monthly disability allowance computed as provided for in RCW
41.26.420 and shall have such allowance actuarially reduced to reflect
the difference in the number of years between age at disability and the
attainment of age fifty-three, except under subsection (7) of this
section.
(2) Any member who receives an allowance under the provisions of
this section shall be subject to such comprehensive medical
examinations as required by the department. If such medical
examinations reveal that such a member has recovered from the
incapacitating disability and the member is no longer entitled to
benefits under Title 51 RCW, the retirement allowance shall be canceled
and the member shall be restored to duty in the same civil service
rank, if any, held by the member at the time of retirement or, if
unable to perform the duties of the rank, then, at the member's
request, in such other like or lesser rank as may be or become open and
available, the duties of which the member is then able to perform. In
no event shall a member previously drawing a disability allowance be
returned or be restored to duty at a salary or rate of pay less than
the current salary attached to the rank or position held by the member
at the date of the retirement for disability. If the department
determines that the member is able to return to service, the member is
entitled to notice and a hearing. Both the notice and the hearing
shall comply with the requirements of chapter 34.05 RCW, the
Administrative Procedure Act.
(3) Those members subject to this chapter who became disabled in
the line of duty on or after July 23, 1989, and who receive benefits
under RCW 41.04.500 through 41.04.530 or similar benefits under RCW
41.04.535 shall receive or continue to receive service credit subject
to the following:
(a) No member may receive more than one month's service credit in
a calendar month.
(b) No service credit under this section may be allowed after a
member separates or is separated without leave of absence.
(c) Employer contributions shall be paid by the employer at the
rate in effect for the period of the service credited.
(d) Employee contributions shall be collected by the employer and
paid to the department at the rate in effect for the period of service
credited.
(e) State contributions shall be as provided in RCW 41.45.060 and
41.45.067.
(f) Contributions shall be based on the regular compensation which
the member would have received had the disability not occurred.
(g) The service and compensation credit under this section shall be
granted for a period not to exceed six consecutive months.
(h) Should the legislature revoke the service credit authorized
under this section or repeal this section, no affected employee is
entitled to receive the credit as a matter of contractual right.
(4)(a) If the recipient of a monthly retirement allowance under
this section dies before the total of the retirement allowance paid to
the recipient equals the amount of the accumulated contributions at the
date of retirement, then the balance shall be paid to the member's
estate, or such person or persons, trust, or organization as the
recipient has nominated by written designation duly executed and filed
with the director, or, if there is no such designated person or persons
still living at the time of the recipient's death, then to the
surviving spouse, or, if there is neither such designated person or
persons still living at the time of his or her death nor a surviving
spouse, then to his or her legal representative.
(b) If a recipient of a monthly retirement allowance under this
section died before April 27, 1989, and before the total of the
retirement allowance paid to the recipient equaled the amount of his or
her accumulated contributions at the date of retirement, then the
department shall pay the balance of the accumulated contributions to
the member's surviving spouse or, if there is no surviving spouse, then
in equal shares to the member's children. If there is no surviving
spouse or children, the department shall retain the contributions.
(5) Should the disability retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance into
service or retirement for service, he or she shall be paid the excess,
if any, of the accumulated contributions at the time of retirement over
all payments made on his or her behalf under this chapter.
(6) A member who becomes disabled in the line of duty, and who
ceases to be an employee of an employer except by service or disability
retirement, may request a refund of one hundred fifty percent of the
member's accumulated contributions. Any accumulated contributions
attributable to restorations made under RCW 41.50.165(2) shall be
refunded at one hundred percent. A person in receipt of this benefit
is a retiree.
(7) A member who becomes disabled in the line of duty shall be
entitled to receive a minimum retirement allowance equal to ten percent
of such member's final average salary. The member shall additionally
receive a retirement allowance equal to two percent of such member's
average final salary for each year of service beyond five.
(8) A member who became disabled in the line of duty before January
1, 2001, and is receiving an allowance under RCW 41.26.430 or
subsection (1) of this section shall be entitled to receive a minimum
retirement allowance equal to ten percent of such member's final
average salary. The member shall additionally receive a retirement
allowance equal to two percent of such member's average final salary
for each year of service beyond five, and shall have the allowance
actuarially reduced to reflect the difference in the number of years
between age at disability and the attainment of age fifty-three. An
additional benefit shall not result in a total monthly benefit greater
than that provided in subsection (1) of this section.
(9) A member who is totally disabled in the line of duty is
entitled to receive a retirement allowance equal to seventy percent of
the member's final average salary. The allowance provided under this
subsection shall be offset by:
(a) Temporary disability wage-replacement benefits or permanent
total disability benefits provided to the member under Title 51 RCW;
and
(b) Federal social security disability benefits, if any;
so that such an allowance does not result in the member receiving
combined benefits that exceed one hundred percent of the member's final
average salary. However, the offsets shall not in any case reduce the
allowance provided under this subsection below the member's accrued
retirement allowance.
A member is considered totally disabled if he or she is unable to
perform any substantial gainful activity due to a physical or mental
condition that may be expected to result in death or that has lasted or
is expected to last at least twelve months. Substantial gainful
activity is defined as average earnings in excess of eight hundred
sixty dollars a month in 2006 adjusted annually as determined by the
director based on federal social security disability standards. The
department may require a person in receipt of an allowance under this
subsection to provide any financial records that are necessary to
determine continued eligibility for such an allowance. A person in
receipt of an allowance under this subsection whose earnings exceed the
threshold for substantial gainful activity shall have their benefit
converted to a line-of-duty disability retirement allowance as provided
in subsection (7) of this section.
Any person in receipt of an allowance under the provisions of this
section is subject to comprehensive medical examinations as may be
required by the department under subsection (2) of this section in
order to determine continued eligibility for such an allowance.