BP BHEAD INT S [atlas:bill]

AN ACT Relating to covering reserve law enforcement officers under volunteer fire fighters relief benefits; amending RCW 41.24.020, 41.24.150, 41.24.160, and 41.24.400; and adding new sections to chapter 41.24 RCW.

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

Sec. 1. RCW 41.24.020 and 1989 c 91 s 9 are each amended to read as follows:

(1) Every municipal corporation maintaining and operating a regularly organized fire department or law enforcement agency shall make provision by appropriate legislation for the enrollment of every fire fighter and reserve officer under the relief and compensation provisions of this chapter for the purpose of providing protection for all its fire fighters, reserve officers, and their families from death or disability arising in the performance of their duties as fire fighters or reserve officers: PROVIDED, That nothing herein shall prohibit any municipality from providing such additional protection for relief and compensation, or death benefit as it may deem proper.

(2) Any municipal corporation maintaining and operating a regularly organized fire department may make provision by appropriate legislation whereby any fire fighter may enroll under the pension provisions of this chapter for the purpose of enabling any fire fighter, so electing, to avail himself or herself of the retirement provisions of this chapter.

(3) Every municipal corporation shall make provisions for the collection and payment of the fees as herein provided, and shall continue to make such provisions for all fire fighters and reserve officers who come under this chapter as long as they shall continue to be members of its fire department or law enforcement agency.

Sec. 2. RCW 41.24.150 and 1996 c 57 s 1 are each amended to read as follows:

Whenever a fire fighter or reserve officer serving in any capacity as a member of the fire fighter's own fire department or reserve officer's own law enforcement agency subject to the provisions of this chapter becomes physically or mentally disabled, or sick, in consequence or as the result of the performance of his or her duties, so as to be wholly prevented from engaging in each and every duty of his or her regular occupation, business, or profession, he or she shall be paid from the fund monthly, an amount equal to his or her monthly wage as certified by the local board or two thousand five hundred fifty dollars, whichever is less, for a period not to exceed six months, or an amount equal to his or her daily wage as certified by the local board or eighty-five dollars, whichever is less, per day for such period as is part of a month, after which period, if the member is incapacitated to such an extent that he or she is thereby prevented from engaging in any occupation or performing any work for compensation or profit or if the member sustained an injury after October 1, 1978, which resulted in the loss or paralysis of both legs or arms, or one leg and one arm, or total loss of eyesight, but such injury has not prevented the member from engaging in an occupation or performing work for compensation or profit, he or she is entitled to draw from the fund monthly, the sum of one thousand two hundred seventy-five dollars so long as the disability continues, except as hereinafter provided: PROVIDED, That if the member has a wife or husband and/or a child or children unemancipated or under eighteen years of age, he or she is entitled to draw from the fund monthly the additional sums of two hundred fifty-five dollars because of the fact of his wife or her husband, and one hundred ten dollars because of the fact of each child unemancipated or under eighteen years of age, all to a total maximum amount of two thousand five hundred fifty dollars. The board may at any time reopen the grant of such disability pension if the pensioner is gainfully employed, and may reduce it in the proportion that the annual income from such gainful employment bears to the annual income received by the pensioner at the time of his disability: PROVIDED, That where a fire fighter or reserve officer sustains a permanent partial disability the state board may provide that such injured fire fighter or reserve officer shall receive a lump sum compensation therefor to the same extent as is provided for permanent partial disability under the workers' compensation act under Title 51 RCW in lieu of such monthly disability payments.

Sec. 3. RCW 41.24.160 and 1996 c 57 s 2 are each amended to read as follows:

(1) Whenever a fire fighter or reserve officer dies as the result of injuries received, or sickness contracted in consequence or as the result of the performance of his or her duties, the board of trustees shall order and direct the payment of the sum of two thousand dollars to his widow or her widower, or if there is no widow or widower, then to his or her dependent child or children, or if there is no dependent child or children, then to his or her parents or either of them, and the sum of one thousand two hundred seventy-five dollars per month to his widow or her widower during his or her life together with the additional monthly sum of one hundred ten dollars for each child of the member, unemancipated or under eighteen years of age, dependent upon the member for support at the time of his or her death, to a maximum total of two thousand five hundred fifty dollars per month.

(2) If the widow or widower does not have legal custody of one or more dependent children of the deceased fire fighter or reserve officer or if, after the death of the fire fighter or reserve officer, legal custody of such child or children passes from the widow or widower to another person, any payment on account of such child or children not in the legal custody of the widow or widower shall be made to the person or persons having legal custody of such child or children. Such payments on account of such child or children shall be subtracted from the amount to which such widow or widower would have been entitled had such widow or widower had legal custody of all the children and the widow or widower shall receive the remainder after such payments on account of such child or children have been subtracted. If there is no widow or widower, or the widow or widower dies while there are children, unemancipated or under eighteen years of age, then the amount of eight hundred twenty-five dollars per month shall be paid for the youngest or only child together with an additional seventy dollars per month for each additional of such children to a maximum of one thousand six hundred fifty dollars per month until they become emancipated or reach the age of eighteen years; and if there are no widow or widower, child, or children entitled thereto, then to his or her parents or either of them the sum of eight hundred twenty-five dollars per month for life, if it is proved to the satisfaction of the board that the parents, or either of them, were dependent on the deceased for their support at the time of his or her death. In any instance in subsections (1) and (2) of this section, if the widow or widower, child or children, or the parents, or either of them, marries while receiving such pension the person so marrying shall thereafter receive no further pension from the fund.

(3) In the case provided for in this section, the monthly payment provided may be converted in whole or in part into a lump sum payment, not in any case to exceed twelve thousand dollars, equal or proportionate, as the case may be, to the actuarial equivalent of the monthly payment in which event the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made either upon written application to the state board and shall rest in the discretion of the state board; or the state board is authorized to make, and authority is hereby given it to make, on its own motion, lump sum payments, equal or proportionate, as the case may be, to the value of the annuity then remaining in full satisfaction of claims due to dependents. Within the rule aforesaid the amount and value of the lump sum payment may be agreed upon between the applicant and the state board. Any person receiving a monthly payment under this section on June 29, 1961, may elect, within two years, to convert such payments into a lump sum payment as provided in this section.

Sec. 4. RCW 41.24.400 and 1995 c 11 s 2 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, any municipality may make provision by appropriate legislation and payment of fees required by RCW 41.24.030(1)(d) solely for the purpose of enabling any reserve officer to enroll under the retirement provisions of this chapter.

(2) A reserve officer is not eligible to receive a benefit under the retirement provisions of this chapter for service under chapter 41.26, 41.32, or 41.40 RCW.

(3) Every municipality shall make provisions for the collection and payment of the fees required under this chapter, and shall continue to make provisions for all reserve officers who come under this chapter as long as they continue to be employed as reserve officers.

((~~(4) A reserve officer is not eligible to receive a benefit under the relief and compensation provisions of this chapter.~~))

NEW SECTION. Sec. 5. In every municipal corporation, except counties, maintaining a regularly organized law enforcement agency there is created a board of trustees for the administration of this chapter. The board shall consist of the mayor, city clerk or comptroller, and one councilmember of such municipality, or their designees, the head of the law enforcement agency, and one reserve member of the law enforcement agency to be elected by the reserve members of the law enforcement agency for a term of one year and annually thereafter.

NEW SECTION. Sec. 6. In every county maintaining a regularly organized law enforcement agency there is created a board of trustees for the administration of this chapter. The board shall consist of two of the members of the county legislative authority and the county auditor, or their designees, the head of the law enforcement agency, and one reserve officer from the law enforcement agency to be elected by the reserve officers of the law enforcement agency for a term of one year and annually thereafter.

NEW SECTION. Sec. 7. The state board shall set the amount consistent with the most recent valuation of the volunteer fire fighters' relief and pension fund to be paid for the purposes of this chapter by municipal corporations for reserve officer relief fees. The fees set under this section are subject to the other provisions of this chapter.

NEW SECTION. Sec. 8. Sections 5 through 7 of this act are each added to chapter 41.24 RCW.