S-3731               _______________________________________________

                                                   SENATE BILL NO. 6675

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Patrick, Vognild, McCaslin, Conner, Smith, Warnke, West and Lee

Read first time 1/22/90 and referred to Committee on  Ways & Means.

AN ACT Relating to the death benefits for law enforcement officers and fire fighters; and amending RCW 41.26.510.

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

        Sec. 1.  Section 12, chapter 294, Laws of 1977 ex. sess. and RCW 41.26.510 are each amended to read as follows:

           (1) If a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death shall be paid to such person or persons having an insurable interest in such member's life as the member shall have nominated by written designation duly executed and filed with the department.  If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.

          (2) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or eligible child or children shall elect to receive either:

          (a) A retirement allowance computed as provided for in RCW 41.26.430(1) actuarially adjusted to reflect Option 2 of RCW 41.26.460 and if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.26.430(2); if a surviving spouse who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated as herein provided making the assumption that the ages of the spouse and member were equal at the time of the member's death; or

          (b) The member's accumulated contributions.

(3) If a member dies in the line of duty, the surviving spouse or eligible child or children may elect to receive the higher rate of either:

(a) Two percent of the member's final average salary for each year of service, under RCW 41.26.420; or

(b) Fifty percent of the final average salary, plus five percent for each dependent child, for a maximum benefit of sixty percent of the final average salary.