S-469                 _______________________________________________

                                                   SENATE BILL NO. 5799

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Pullen, Rasmussen and Conner

Read first time 2/8/89 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to the prohibition of discrimination against handicapped or previously handicapped law enforcement officers and fire fighters; amending RCW 41.26.470; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature commends law enforcement officers and fire fighters for their bravery and finds that they often face serious risks and disabling injuries in the line of duty.  Some law enforcement officers and fire fighters who have recovered from incapacitating disabilities suffered in the line of duty may have been discriminated against when they are told that a like or lesser rank job is "not open" or "not available."  Continued payment of industrial insurance benefits to persons who are able to work costs the state money and resources.  The legislature intends to prevent discrimination against handicapped or previously handicapped law enforcement officers and fire fighters who want to work and are able to work.

        Sec. 2.  Section 8, chapter 294, Laws of 1977 ex. sess. as last amended by section 2, chapter 12, Laws of 1982 and RCW 41.26.470 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-eight.

          (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)) or other employment with the city, town, county, or district, 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 ((34.04)) 34.05 RCW, as now or hereafter amended.