SENATE BILL REPORT

SB 6445

BYSenators Rasmussen, Niemi, Warnke, Newhouse, Wojahn, Murray, Williams and Talmadge

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

Senate Committee on Law & Justice

Senate Hearing Date(s):January 30, 1990; February 2, 1990

Majority Report:  That Substitute Senate Bill No. 6445 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge.

Senate Staff:Anita Neal (786-7418)

                  February 2, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 2, 1990

BACKGROUND:

According to the Law Enforcement Officers' and Fire Fighters' Retirement System, the definition of a member's surviving spouse does not include the divorced spouse of a member. 

SUMMARY:

"Surviving spouse" is defined as the surviving widow or widower of a member.  Benefits are payable to a spouse or divorced spouse of a member if benefits are expressly provided for in a court decree of dissolution or legal separation or in a court order or court-approved property settlement agreement resulting from a decree of dissolution or legal separation.

EFFECT OF PROPOSED SUBSTITUTE:

A surviving spouse is defined as a widow or widower of a member or an ex-spouse of a member who was provided benefits under any court decree of dissolution or legal separation.  In order to fall under this definition, a person must have been married to the member for at least a year prior to the member's retirement or separation from service; the decree or court order must be currently effective; and the decree or court order must have been entered after the member's retirement but prior to December 31, 1979.  If there are two or more surviving spouses, benefits shall be divided between them based on the percentage of total service credit the member accrued during each marriage.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Ella Mae Morris; Judith Clark Turpin, WA Women United