HOUSE BILL REPORT

SSB 6445

BYSenate Committee on Law & Justice (originally sponsored by Senators Rasmussen, Niemi, Warnke, Newhouse, Wojahn, Murray, Williams and Talmadge)

Changing provisions relating to the law enforcement officers' and fire fighters' retirement system.

House Committe on Judiciary

Majority Report:  Do pass as amended.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Regina Jones (786-7191)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

Chapter 41.25 RCW governs the Law Enforcement Officers' and Fire Fighters' Retirement System.  The "surviving spouse" of a member of the retirement system is the surviving widow or widower of the member.  The definition of "surviving spouse" specifically excludes a divorced spouse of a member.

SUMMARY:

BILL AS AMENDED:  A surviving spouse is a widow or widower of a member, or a member's ex-spouse who was provided benefits under a court decree of dissolution or legal separation, or an order or court approved property settlement agreement.  The member must have established membership in the retirement system on or before September 30, 1977.  Additionally, the following requirements must be met: (a) the person must have been married to the member for at least one year prior to the member's retirement or separation from service; (b) the decree or court order must be currently effective; (c) the decree or court order must have been entered after the member's retirement and prior to December 31, 1979.  If there are two or more surviving spouses, benefits will be divided between them based on the percentage of total service credit the member accrued during each marriage.  The definition will apply retroactively.

The definition of "surviving spouse" presently existing in statute will continue to apply to members who established membership in the retirement system on or before October 1, 1977.

AMENDED BILL COMPARED TO SUBSTITUTE:  The definition of "surviving spouse" presently existing in statute will continue to apply to members who established membership in the retirement system on or before October 1, 1977.

Fiscal Note:      Requested February 14, 1990.

House Committee ‑ Testified For:    Ella Mae Morris, Citizen; Pat Thibaudeau, Washington Women United.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    It was erroneously believed, during the late 1970s, that an ex-spouse was eligible for benefits as a member's surviving spouse.  This bill would allow certain ex-spouses to receive benefits as a member's surviving spouse.

House Committee - Testimony Against:      None.