AN ACT Relating to death benefits; amending RCW 41.26.160.

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

Sec. 1. Section 17, chapter 209, Laws of 1969 ex. sess. as last amended by section 7, chapter 176, Laws of 1986 and RCW 41.26.160 are each amended to read as follows:

(1) In the event of the death of any member who is in active service, or who has vested under the provisions of RCW 41.26.090 with twenty or more years of service, or who is on disability leave or retired, whether for disability or service, his surviving spouse shall become entitled to receive a monthly allowance equal to fifty percent of his final average salary at the date of death if active, or the amount of retirement allowance the vested member would have received at age fifty, or the amount of the retirement allowance such retired member was receiving at the time of his death if retired for service or disability. The amount of this allowance will be increased five percent of final average salary for each child as defined in RCW 41.26.030(7), as now or hereafter amended, subject to a maximum combined allowance of sixty percent of final average salary: PROVIDED, That if the child or children is or are in the care of a legal guardian, payment of the increase attributable to each child will be made to the child's legal guardian or, in the absence of a legal guardian and if the member has created a trust for the benefit of the child or children, payment of the increase attributable to each child will be made to the trust.

(2) The surviving spouse and child or children, as defined in RCW 41.26.030, or if the child or children are in the care of a legal guardian, then the legal guardian acting on behalf of such child of a disabled member may elect to preserve the health care benefits that have been available to them as a dependent or dependents of the disabled member which were provided by the member's employer and were in effect as of the time of the disabling injury or diagnosis of the disabling occupational disease. This election shall be made by the surviving spouse or children's guardian within .......... days after the date coverage would have ceased if the request had not been made. This election shall be made by the completion of a request form to be supplied by the employer, which will incorporate the commitment of the requesting person to pay the employer's share of the premium. Employers may require that the request be accompanied with the first monthly or other periodic premium payment. The continuation of benefits shall not obligate the employer to continue coverage if the requesting person fails to make the required payments on a timely basis.

The option to continue coverage under the health care benefits program of the employer shall continue:

(a) In the event the requesting person is the spouse of the disabled member, until the member is no longer disabled or dies, or until the spouse dies or is no longer married to the disabled member, whichever occurs earlier.

(b) In the event the requesting person is the legal guardian of the minor child or children of the disabled member, until each child reaches the age of majority, or if enrolled full time in a postsecondary educational institution or vocational training program licensed or otherwise approved by the state where located, until age twenty-two or until the program is completed, whichever occurs earlier.

(3) If at the time of the death of a vested member with twenty or more years service as provided above or a member retired for service or disability, the surviving spouse has not been lawfully married to such member for one year prior to his retirement or separation from service if a vested member, the surviving spouse shall not be eligible to receive the benefits under this section: PROVIDED, That if a member dies as a result of a disability incurred in the line of duty, then if he was married at the time he was disabled, his surviving spouse shall be eligible to receive the benefits under this section.

((~~(3)~~)) (4) If there be no surviving spouse eligible to receive benefits at the time of such member's death, then the child or children of such member shall receive a monthly allowance equal to thirty percent of final average salary for one child and an additional ten percent for each additional child subject to a maximum combined payment, under this subsection, of sixty percent of final average salary. When there cease to be any eligible children as defined in RCW 41.26.030(7), as now or hereafter amended, there shall be paid to the legal heirs of said member the excess, if any, of accumulated contributions of said member at the time of his death over all payments made to his survivors on his behalf under this chapter: PROVIDED, That payments under this subsection to children shall be prorated equally among the children, if more than one. If the member has created a trust for the benefit of the child or children, the payment shall be made to the trust.

((~~(4)~~)) (5) In the event that there is no surviving spouse eligible to receive benefits under this section, and that there be no child or children eligible to receive benefits under this section, then the accumulated contributions shall be paid to the estate of said member.

((~~(5)~~)) (6) If a surviving spouse receiving benefits under the provisions of this section thereafter dies and there are children as defined in RCW 41.26.030(7), as now or hereafter amended, payment to the spouse shall cease and the child or children shall receive the benefits as provided in subsection ((~~(3) above~~)) (4) of this section.

((~~(6)~~)) (7) The payment provided by this section shall become due the day following the date of death and payments shall be retroactive to that date.

(8) In the event of the death of any member who is in active service, or who has vested under the provisions of RCW 41.26.090 with twenty years or more of service, or who is on disability leave or retired, whether for disability or service, the surviving spouse and child or children, as defined in RCW 41.26.030, or if the child or children are in the care of a legal guardian, then the legal guardian on their behalf may elect to continue any coverage they had under the health care benefit plan provided by the member's employer just prior to the death of the member.

This election shall be made by the surviving spouse or children's guardian within .......... days after coverage would have ceased if the request had not been made. This election shall be made by the completion of a request form to be supplied by the employer, which will incorporate the commitment of the requesting person to pay the employer's share of the premium. Employers may require that the request be accompanied with the first monthly or other periodic premium payment. The continuation of benefits shall not obligate the employer to continue coverage if the requesting person fails to make the required payments on a timely basis.

The option to continue coverage under the health care benefits program of the employer shall continue: