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ENGROSSED HOUSE BILL NO. 248
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C 173 L 87
State of Washington 50th Legislature 1987 Regular Session
By Representatives Patrick, Gallagher, D. Sommers, Zellinsky, Walk, C. Smith, Schmidt, Prince, B. Williams, Hankins, Haugen, Day, Kremen, L. Smith, Moyer and Miller
Read first time 1/22/87 and referred to Committee on Ways & Means. Referred to Committee on Transportation 1/23/87.
AN ACT Relating to state patrol retirement allowances; amending RCW 43.43.275; adding a new section to chapter 43.43 RCW; making an appropriation; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 3, chapter 96, Laws of 1979 ex. sess. and RCW 43.43.275 are each amended to read as follows:
(1)
Notwithstanding any provision of law to the contrary, effective July 1, ((1979))
1987, no beneficiary receiving a retirement allowance pursuant to this
chapter shall receive less than ((ten)) thirteen dollars per
month for each year of service creditable to the person whose service is the
basis of the retirement allowance. Portions of a year shall be treated as
fractions of a year and the decimal equivalent shall be multiplied by ((ten))
thirteen dollars. Where the retirement allowance was adjusted at the
time benefit payments to the beneficiary commenced, the minimum retirement
allowance provided in this subsection shall be adjusted in a manner consistent
with that adjustment. The minimum retirement allowance provided in this
subsection shall not be applicable to those receiving benefits pursuant to RCW
43.43.040 or 43.43.270 (3) or (4).
(2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the retirement allowance of each beneficiary who either is receiving benefits pursuant to RCW 43.43.270 as of December 31, 1978, or commenced receiving a monthly retirement allowance under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. This adjustment shall be in lieu of any adjustments provided under RCW 43.43.260(5) as of July 1, 1979, or July 1, 1980, for the affected beneficiaries, except that in no case shall such adjustment be less than the total of those which would be provided under RCW 43.43.260(5) as of July 1, 1979, and July 1, 1980. Such adjustment shall be calculated as follows:
(a) Retirement allowances to which this subsection and subsection (1) of this section are both applicable shall be determined by first applying subsection (1) and then applying this subsection. The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those beneficiaries to whom this subsection applies;
(b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a post-retirement increase factor which shall be applied as specified in (c) of this subsection;
(c) Each beneficiary to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service.
NEW SECTION. Sec. 2. A new section is added to chapter 43.43 RCW to read as follows:
(1) The benefits provided under subsection (2) of this section shall be available only to surviving spouses whose allowances commenced before January 1, 1970, and who are not receiving and are not eligible for federal old age, survivors, or disability benefits.
(2) Effective July 1, 1987, the minimum retirement benefit provided pursuant to RCW 43.43.275(1) to surviving spouses who meet the qualifications in subsection (1) of this section shall be twenty-three dollars per month per year of service. However, the minimum benefit for the surviving spouse of a member who died in service who meets the qualifications in subsection (1) of this section shall be calculated using twenty years of service or the member's actual years of service, whichever is greater.
NEW SECTION. Sec. 3. The sum of fifty-one thousand dollars, or so much thereof as may be necessary, is appropriated from the motor vehicle fund to the Washington state patrol fund for the biennium ending June 30, 1989, to carry out the purposes of paying the cost-of-living adjustments provided by this act.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.