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ENGROSSED
SENATE BILL 5351
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/25/93. Referred to Committee on Ways & Means.
Regarding death benefits for disabled teacher retirees under plan I.
AN ACT Relating to teachers' retirement;
amending RCW 41.32.520; creating a new section; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 41.32.520 and 1992 c 212 s 7 are each amended to read as follows:
(1) Except as specified in subsection (3) of
this section, upon receipt of proper proofs of death of any member before
retirement or before the first installment of his or her retirement allowance
shall become due his or her accumulated contributions, less any amount
identified as owing to an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, and/or other benefits
payable upon his or her death shall be paid to his or her estate or to such
persons as he or she shall have nominated by written designation duly executed
and filed with the department. If a member fails to file a new beneficiary
designation subsequent to marriage, divorce, or reestablishment of membership
following termination by withdrawal, lapsation, or retirement, payment of his
or her accumulated contributions, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to a court order
filed under RCW 41.50.670, and/or other benefits upon death before retirement
shall be made to the surviving spouse, if any; otherwise, to his or her
estate. If a member had established ten or more years of Washington membership
service credit or was eligible for retirement, the beneficiary or the surviving
spouse if otherwise eligible may elect, in lieu of a cash refund of the
member's accumulated contributions, the following survivor benefit plan
actuarially reduced by the amount of any lump sum benefit identified as owing
to an obligee upon withdrawal of accumulated contributions pursuant to a court
order filed under RCW 41.50.670:
(a) A widow or widower, without a child or
children under eighteen years of age, may elect a monthly payment of fifty
dollars to become effective at age fifty, provided the member had fifteen or
more years of Washington membership service credit. A benefit paid under this
subsection (1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a
dependent (as that term is used in computing the dependent exemption for
federal internal revenue purposes) may elect to receive a joint and one hundred
percent retirement allowance under RCW 41.32.530.
(i) In the case of a dependent child the
allowance shall continue until attainment of majority or so long as the
department judges that the circumstances which created his or her dependent
status continue to exist. In any case, if at the time dependent status ceases,
an amount equal to the amount of accumulated contributions of the deceased
member has not been paid to the beneficiary, the remainder shall then be paid
in a lump sum to the beneficiary.
(ii) If at the time of death, the member was
not then qualified for a service retirement allowance, the benefit shall be
based upon the actuarial equivalent of the sum necessary to pay the accrued
regular retirement allowance commencing when the deceased member would have
first qualified for a service retirement allowance.
(2) If no qualified beneficiary survives a
member, at his or her death his or her accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of accumulated
contributions pursuant to a court order filed under RCW 41.50.670, shall be
paid to his or her estate, or his or her dependents may qualify for survivor
benefits under benefit plan (1)(b) in lieu of a cash refund of the members
accumulated contributions in the following order: Widow or widower, guardian
of a dependent child or children under age eighteen, or dependent parent or
parents.
(3) If a member who has received a
determination of disability as specified in RCW 41.32.550 and selected a
retirement option under RCW 41.32.530(1)(b) dies before the first retirement
allowance installment becomes due, he or she shall receive the benefit provided
under the selected retirement option.
NEW SECTION. Sec. 2.
The provisions of section 1(3) of this act shall apply to all determinations of
disability made after June 30, 1992.
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.
