Z-678                 _______________________________________________

                                                   HOUSE BILL NO. 1718

                        _______________________________________________

                                                                            C 108 L 89

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Hine, Silver, Baugher and D. Sommers; by request of Department of Retirement Systems

Read first time 2/3/89 and referred to Committee on Appropriations.

AN ACT Relating to the Washington state patrol; amending RCW 43.43.270; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 4, chapter 180, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 206, Laws of 1984 and RCW 43.43.270 are each amended to read as follows:

          (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 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.

          (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, 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) 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 ((and if all contributions paid to the retirement fund have been left in the retirement fund.  In the event that contributions have been refunded to a member on disability retirement, he may regain eligibility for survivor's benefits by repaying to the retirement fund the total amount refunded to him plus two and one-half percent interest, compounded annually, covering the period during which the refund was held by him)).

NEW SECTION. Sec. 2.     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, 1989.

                                                                                                                          Passed the House March 13, 1989.

                                                                                                                                         Speaker of the House.

                                                                                                                             Passed the Senate April 7, 1989.

                                                                                                                                       President of the Senate.