AN ACT Relating to public safety directors;
amending RCW 41.26.030; creating a new section; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 41.26.030 and 1991 sp.s. c 12 s 1 are each amended to read as follows:
As used in this chapter, unless a different
meaning is plainly required by the context:
(1) "Retirement system" means the
"Washington law enforcement officers' and fire fighters' retirement
system" provided herein.
(2)(a) "Employer" for plan I members,
means the legislative authority of any city, town, county, or district or the
elected officials of any municipal corporation that employs any law enforcement
officer and/or fire fighter, any authorized association of such municipalities,
and, except for the purposes of RCW 41.26.150, any labor guild, association, or
organization, which represents the fire fighters or law enforcement officers of
at least seven cities of over 20,000 population and the membership of each
local lodge or division of which is composed of at least sixty percent law
enforcement officers or fire fighters as defined in this chapter.
(b) "Employer" for plan II members,
means the legislative authority of any city, town, county, or district or the
elected officials of any municipal corporation that employs any law enforcement
officer and/or fire fighter.
(3) "Law enforcement officer" means
any person who is serving on a full time, fully compensated basis as a county
sheriff or deputy sheriff, including sheriffs or deputy sheriffs serving under
a different title pursuant to a county charter, city police officer, or town
marshal or deputy marshal, with the following qualifications:
(a) No person who is serving in a position that
is basically clerical or secretarial in nature, and who is not commissioned
shall be considered a law enforcement officer;
(b) Only those deputy sheriffs, including those
serving under a different title pursuant to county charter, who have
successfully completed a civil service examination for deputy sheriff or the
equivalent position, where a different title is used, and those persons serving
in unclassified positions authorized by RCW 41.14.070 except a private
secretary will be considered law enforcement officers;
(c) Only such full time commissioned law
enforcement personnel as have been appointed to offices, positions, or ranks in
the police department which have been specifically created or otherwise
expressly provided for and designated by city charter provision or by ordinance
enacted by the legislative body of the city shall be considered city police
officers; ((and))
(d) The term "law enforcement
officer" also includes the executive secretary of a labor guild,
association or organization (which is an employer under RCW 41.26.030(2) as now
or hereafter amended) if that individual has five years previous membership in
the retirement system established in chapter 41.20 RCW. The provisions of this
subsection shall not apply to plan II members; and
(e) The term "law enforcement
officer" also includes a person employed on or after January 1, 1993, as a
public safety officer or director of public safety, so long as the job duties
substantially involve only either police or fire duties, or both, and no other
duties in a city or town with a population of less than ten thousand. The
provisions of this subsection (3)(e) shall not apply to any public safety
officer or director of public safety who is receiving a retirement allowance
under this chapter as of the effective date of this act.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time,
fully compensated basis as a member of a fire department of an employer and who
is serving in a position which requires passing a civil service examination for
fire fighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full
time fire fighter where the fire department does not have a civil service
examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an
association of fire protection districts authorized under RCW 52.12.031. The
provisions of this subsection shall not apply to plan II members;
(e) The executive secretary of a labor guild,
association or organization (which is an employer under RCW 41.26.030(2) as now
or hereafter amended), if such individual has five years previous membership in
a retirement system established in chapter 41.16 or 41.18 RCW. The provisions
of this subsection shall not apply to plan II members;
(f) Any person who is serving on a full time,
fully compensated basis for an employer, as a fire dispatcher, in a department
in which, on March 1, 1970, a dispatcher was required to have passed a civil
service examination for fire fighter; and
(g) Any person who on March 1, 1970, was
employed on a full time, fully compensated basis by an employer, and who on May
21, 1971 was making retirement contributions under the provisions of chapter
41.16 or 41.18 RCW.
(5) "Department" means the department
of retirement systems created in chapter 41.50 RCW.
(6) "Surviving spouse" means the
surviving widow or widower of a member. "Surviving spouse" shall not
include the divorced spouse of a member except as provided in RCW 41.26.162.
(7)(a) "Child" or
"children" means an unmarried person who is under the age of eighteen
or mentally or physically handicapped as determined by the department, except a
handicapped person in the full time care of a state institution, who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in
existence prior to the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal
ward of a member prior to the date benefits are payable under this chapter; or
(v) An illegitimate child legitimized prior to
the date any benefits are payable under this chapter.
(b) A person shall also be deemed to be a child
up to and including the age of twenty years and eleven months while attending
any high school, college, or vocational or other educational institution
accredited, licensed, or approved by the state, in which it is located,
including the summer vacation months and all other normal and regular vacation
periods at the particular educational institution after which the child returns
to school.
(8) "Member" means any fire fighter,
law enforcement officer, or other person as would apply under subsections (3)
or (4) of this section whose membership is transferred to the Washington law
enforcement officers' and fire fighters' retirement system on or after March 1,
1970, and every law enforcement officer and fire fighter who is employed in
that capacity on or after such date.
(9) "Retirement fund" means the
"Washington law enforcement officers' and fire fighters' retirement system
fund" as provided for herein.
(10) "Employee" means any law
enforcement officer or fire fighter as defined in subsections (3) and (4) of
this section.
(11)(a) "Beneficiary" for plan I
members, means any person in receipt of a retirement allowance, disability
allowance, death benefit, or any other benefit described herein.
(b) "Beneficiary" for plan II
members, means any person in receipt of a retirement allowance or other benefit
provided by this chapter resulting from service rendered to an employer by
another person.
(12)(a) "Final average salary" for plan
I members, means (i) for a member holding the same position or rank for a
minimum of twelve months preceding the date of retirement, the basic salary
attached to such same position or rank at time of retirement; (ii) for any
other member, including a civil service member who has not served a minimum of
twelve months in the same position or rank preceding the date of retirement,
the average of the greatest basic salaries payable to such member during any
consecutive twenty-four month period within such member's last ten years of
service for which service credit is allowed, computed by dividing the total
basic salaries payable to such member during the selected twenty-four month
period by twenty-four; (iii) in the case of disability of any member, the basic
salary payable to such member at the time of disability retirement; (iv) in the
case of a member who hereafter vests pursuant to RCW 41.26.090, the basic
salary payable to such member at the time of vesting.
(b) "Final average salary" for plan
II members, means the monthly average of the member's basic salary for the
highest consecutive sixty service credit months of service prior to such
member's retirement, termination, or death. Periods constituting authorized
unpaid leaves of absence may not be used in the calculation of final average
salary.
(13)(a) "Basic salary" for plan I
members, means the basic monthly rate of salary or wages, including longevity
pay but not including overtime earnings or special salary or wages, upon which
pension or retirement benefits will be computed and upon which employer
contributions and salary deductions will be based.
(b) "Basic salary" for plan II
members, means salaries or wages earned by a member during a payroll period for
personal services, including overtime payments, and shall include wages and
salaries deferred under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States Internal Revenue Code, but shall exclude
lump sum payments for deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, or any form of severance pay((: PROVIDED,
That)). In any year in which a member serves in the legislature the
member shall have the option of having such member's basic salary be the
greater of:
(i) The basic salary the member would have
received had such member not served in the legislature; or
(ii) Such member's actual basic salary received
for nonlegislative public employment and legislative service combined. Any
additional contributions to the retirement system required because basic salary
under (b)(i) of this subsection is greater than basic salary under (b)(ii) of
this subsection shall be paid by the member for both member and employer
contributions.
(14)(a) "Service" for plan I members,
means all periods of employment for an employer as a fire fighter or law
enforcement officer, for which compensation is paid, together with periods of
suspension not exceeding thirty days in duration. For the purposes of this
chapter service shall also include service in the armed forces of the United
States as provided in RCW 41.26.190. Credit shall be allowed for all service
credit months of service rendered by a member from and after the member's
initial commencement of employment as a fire fighter or law enforcement
officer, during which the member worked for seventy or more hours, or was on
disability leave or disability retirement. Only service credit months of
service shall be counted in the computation of any retirement allowance or
other benefit provided for in this chapter.
(i) For members retiring after May 21, 1971 who
were employed under the coverage of a prior pension act before March 1, 1970,
"service" shall also include (A) such military service not exceeding
five years as was creditable to the member as of March 1, 1970, under the
member's particular prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW
41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit be
allowed for any service rendered prior to March 1, 1970, where the member at
the time of rendition of such service was employed in a position covered by a
prior pension act, unless such service, at the time credit is claimed therefor,
is also creditable under the provisions of such prior act.
(ii) A member who is employed by two employers
at the same time shall only be credited with service to one such employer for
any month during which the member rendered such dual service.
(b) "Service" for plan II members,
means periods of employment by a member for one or more employers for which
basic salary is earned for ninety or more hours per calendar month which shall
constitute a service credit month. Periods of employment by a member for one
or more employers for which basic salary is earned for at least seventy hours
but less than ninety hours per calendar month shall constitute one-half service
credit month. Periods of employment by a member for one or more employers for
which basic salary is earned for less than seventy hours shall constitute a
one-quarter service credit month.
Members of the retirement system who are
elected or appointed to a state elective position may elect to continue to be
members of this retirement system.
Service credit years of service shall be
determined by dividing the total number of service credit months of service by
twelve. Any fraction of a service credit year of service as so determined
shall be taken into account in the computation of such retirement allowance or
benefits.
If a member receives basic salary from two or
more employers during any calendar month, the individual shall receive one
service credit month's service credit during any calendar month in which
multiple service for ninety or more hours is rendered; or one-half service
credit month's service credit during any calendar month in which multiple
service for at least seventy hours but less than ninety hours is rendered; or
one-quarter service credit month during any calendar month in which multiple
service for less than seventy hours is rendered.
(15) "Accumulated contributions"
means the employee's contributions made by a member plus accrued interest
credited thereon.
(16) "Actuarial reserve" means a
method of financing a pension or retirement plan wherein reserves are
accumulated as the liabilities for benefit payments are incurred in order that
sufficient funds will be available on the date of retirement of each member to
pay the member's future benefits during the period of retirement.
(17) "Actuarial valuation" means a
mathematical determination of the financial condition of a retirement plan. It
includes the computation of the present monetary value of benefits payable to
present members, and the present monetary value of future employer and employee
contributions, giving effect to mortality among active and retired members and
also to the rates of disability, retirement, withdrawal from service, salary
and interest earned on investments.
(18) "Disability board" for plan I
members means either the county disability board or the city disability board
established in RCW 41.26.110.
(19) "Disability leave" means the
period of six months or any portion thereof during which a member is on leave
at an allowance equal to the member's full salary prior to the commencement of
disability retirement. The definition contained in this subsection shall apply
only to plan I members.
(20) "Disability retirement" for plan
I members, means the period following termination of a member's disability
leave, during which the member is in receipt of a disability retirement
allowance.
(21) "Position" means the employment
held at any particular time, which may or may not be the same as civil service
rank.
(22) "Medical services" for plan I
members, shall include the following as minimum services to be provided.
Reasonable charges for these services shall be paid in accordance with RCW
41.26.150.
(a) Hospital expenses: These are the charges
made by a hospital, in its own behalf, for
(i) Board and room not to exceed semiprivate
room rate unless private room is required by the attending physician due to the
condition of the patient.
(ii) Necessary hospital services, other than
board and room, furnished by the hospital.
(b) Other medical expenses: The following charges
are considered "other medical expenses", provided that they have not
been considered as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the
provisions of chapter 18.71 RCW;
(B) An osteopath licensed under the provisions
of chapter 18.57 RCW;
(C) A chiropractor licensed under the
provisions of chapter 18.25 RCW.
(ii) The charges of a registered graduate nurse
other than a nurse who ordinarily resides in the member's home, or is a member
of the family of either the member or the member's spouse.
(iii) The charges for the following medical
services and supplies:
(A) Drugs and medicines upon a physician's
prescription;
(B) Diagnostic x-ray and laboratory
examinations;
(C) X-ray, radium, and radioactive isotopes
therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable
medical and surgical equipment;
(F) Artificial limbs and eyes, and casts,
splints, and trusses;
(G) Professional ambulance service when used to
transport the member to or from a hospital when injured by an accident or
stricken by a disease;
(H) Dental charges incurred by a member who
sustains an accidental injury to his or her teeth and who commences treatment
by a legally licensed dentist within ninety days after the accident;
(I) Nursing home confinement or hospital
extended care facility;
(J) Physical therapy by a registered physical
therapist;
(K) Blood transfusions, including the cost of
blood and blood plasma not replaced by voluntary donors;
(L) An optometrist licensed under the
provisions of chapter 18.53 RCW.
(23) "Regular interest" means such
rate as the director may determine.
(24) "Retiree" for persons who
establish membership in the retirement system on or after October 1, 1977,
means any member in receipt of a retirement allowance or other benefit provided
by this chapter resulting from service rendered to an employer by such member.
(25) "Director" means the director of
the department.
(26) "State actuary" or
"actuary" means the person appointed pursuant to RCW 44.44.010(2).
(27) "State elective position" means
any position held by any person elected or appointed to state-wide office or
elected or appointed as a member of the legislature.
(28) "Plan I" means the law
enforcement officers' and fire fighters' retirement system, plan I providing
the benefits and funding provisions covering persons who first became members
of the system prior to October 1, 1977.
(29) "Plan II" means the law
enforcement officers' and fire fighters' retirement system, plan II providing
the benefits and funding provisions covering persons who first became members
of the system on and after October 1, 1977.
(30) "Service credit year" means an
accumulation of months of service credit which is equal to one when divided by
twelve.
(31) "Service credit month" means a
full service credit month or an accumulation of partial service credit months
that are equal to one.
NEW SECTION. Sec. 2.
Section 1 of this act shall apply retroactively to January 1, 1993.
NEW SECTION. Sec. 3.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
