H-3512.1  _______________________________________________

                          HOUSE BILL 2603

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Brough and Sommers

Read first time 01/19/94.  Referred to Committee on Appropriations.

Restricting the allowance on retirement for disability.

    AN ACT Relating to allowance on retirement for disability; amending RCW 41.26.130; and creating a new section.

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

    Sec. 1.  RCW 41.26.130 and 1991 c 35 s 20 are each amended to read as follows:

    (1) Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows:  (a) A basic amount of fifty percent of final average salary at time of disability retirement, and (b) an additional five percent of final average salary for each child as defined in RCW 41.26.030(7), (((c))) except to be eligible for additional benefits attributable to children as defined in RCW 41.26.030(7)(b) the member must provide annual documentation to the department of retirement systems that the member provided cash support to the child equal to or greater than seventy-five percent of the extra annual benefit each school year.  Evidence of payment shall be provided in accordance with requirements established by the department.  The combined total of (a) and (b) of this subsection shall not exceed a maximum of sixty percent of final average salary.

    (2) A disabled member shall begin receiving the disability retirement allowance as of the expiration of his or her six month period of disability leave or, if his or her application was filed after the sixth month of discontinuance of service but prior to the one year time limit, the member's disability retirement allowance shall be retroactive to the end of the sixth month.

    (3) Benefits under this section will be payable until the member recovers from the disability or dies.  If at the time that the disability ceases the member is over the age of fifty, he or she shall then receive either disability retirement allowance or retirement for service allowance, whichever is greater.

    (4) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the member receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability.

    (5) A member retired for disability shall be subject to periodic examinations by a physician approved by the disability board prior to attainment of age fifty, pursuant to rules adopted by the director under RCW 41.26.115.  Examinations of members who retired for disability prior to July 26, 1981, shall not exceed two medical examinations per year.

NEW SECTION. Sec. 2.  The amendment to RCW 41.26.130(1)(b) in section 1(1) chapter . . ., Laws of 1994 (this act), shall apply on a retroactive basis to members who retired before July 1, 1994.

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