H-1784.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1219
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By House Committee on Appropriations (originally sponsored by Representatives Ogden, Carlson, Conway, Doumit, D. Schmidt, Lantz and Parlette)
Read first time 02/16/1999.
AN ACT Relating to relief and retirement pensions under chapter 41.24 RCW; amending RCW 41.24.010, 41.24.020, 41.24.035, 41.24.040, 41.24.060, 41.24.070, 41.24.080, 41.24.090, 41.24.110, 41.24.120, 41.24.140, 41.24.150, 41.24.160, 41.24.170, 41.24.172, 41.24.180, 41.24.200, 41.24.210, 41.24.220, 41.24.230, 41.24.245, 41.24.250, 41.24.280, 41.24.290, 41.24.300, 41.24.310, 41.24.320, 41.24.330, 41.24.340, 41.24.400, 41.24.450, and 41.24.460; reenacting and amending RCW 41.24.030; and repealing RCW 41.24.350, 41.24.420, 41.24.440, and 41.24.470.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.24.010 and 1995 c 11 s 1 are each amended to read as follows:
((As
used in)) The definitions in this section apply throughout this
chapter((:)) unless the context clearly requires otherwise.
(1)
"Municipal corporation" or "municipality" includes any
county, city, town or combination thereof, fire protection district, local law
enforcement agency, or any ((water, irrigation,)) emergency medical
service district or other special district, authorized by law ((to
afford emergency medical services or protection)) to protect life ((and))
or property within its boundaries through a fire department,
emergency workers, or reserve officers.
(2) "Fire department" means any regularly organized fire department or emergency medical service district consisting wholly of volunteer fire fighters, or any part-paid and part-volunteer fire department duly organized and maintained by any municipality: PROVIDED, That any such municipality wherein a part-paid fire department is maintained may by appropriate legislation permit the full-paid members of its department to come under the provisions of chapter 41.16 RCW.
(3) "Fire fighter" includes any fire fighter or emergency worker who is a member of any fire department of any municipality but shall not include full time, paid fire fighters who are members of the Washington law enforcement officers' and fire fighters' retirement system, with respect to periods of service rendered in such capacity.
(4) "Emergency worker" means any emergency medical service personnel, regulated by chapters 18.71 and 18.73 RCW, who is a member of an emergency medical service district but shall not include full-time, paid emergency medical service personnel who are members of the Washington public employees' retirement system, with respect to periods of service rendered in such capacity.
(5)
"Performance of duty" or "performance of service" shall
be construed to mean and include any work in and about company quarters ((or)),
any fire station, any law enforcement office or precinct, or any other
place under the direction or general orders of the chief or other officer
having authority to order such member to perform such work; responding to,
working at, or returning from an alarm of fire, emergency call, or law
enforcement duties; drill or training; or any work performed of an
emergency nature in accordance with the rules and regulations of the fire
department or local law enforcement agency.
(6)
"State board" means the state board for volunteer fire fighters and
reserve officers ((created herein)).
(7)
"Board of trustees" or "local board" means: (a)
For matters affecting fire fighters, a fire fighter board of
trustees created under RCW 41.24.060 ((or,)); (b) for matters
affecting an emergency worker, an emergency medical service district board of
trustees created under RCW 41.24.330; or (c) for matters affecting reserve
officers, a reserve officer board of trustees created under RCW 41.24.460.
(8) "Appropriate legislation" means an ordinance when an ordinance is the means of legislating by any municipality, and resolution in all other cases.
(9) "Reserve officer" means the same as defined by the Washington state criminal justice training commission under chapter 43.101 RCW, but shall not include full-time, paid law enforcement officers who are members of the Washington law enforcement officers' and fire fighters' retirement system, with respect to periods of service rendered in such capacity.
(10) "Participant" means: (a) For purposes of relief, any reserve officer who is or may become eligible for relief under this chapter or any fire fighter or emergency worker; and (b) for purposes of retirement pension, any fire fighter, emergency worker, or reserve officer who is or may become eligible to receive a benefit of any type under the retirement provisions of this chapter, or whose beneficiary may be eligible to receive any such benefit.
(11) "Relief" means all medical, death, and disability benefits available under this chapter that are made necessary from death, sickness, injury, or disability arising in the performance of duty, including benefits provided under RCW 41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and 41.24.230, but does not include retirement pensions provided under this chapter.
(12) "Retirement pension" means retirement payments for the performance of service, as provided under RCW 41.24.170, 41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(13) "Principal fund" means the volunteer fire fighters' and reserve officers' relief and pension principal fund created under RCW 41.24.030.
(14) "Administrative fund" means the volunteer fire fighters' and reserve officers' administrative fund created under RCW 41.24.030.
Sec. 2. 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 shall make provision by appropriate legislation for the
enrollment of every fire fighter under the relief ((and compensation))
provisions of this chapter for the purpose of providing protection for all its
fire fighters and their families from death, sickness, injury, or
disability arising in the performance of their duties as fire fighters((:
PROVIDED, That)). Nothing ((herein)) in this chapter
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)) allowing
any member of its fire ((fighter may)) department to
enroll under the retirement 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 under this
chapter, and shall continue to make such provisions for all fire fighters
who come under this chapter as long as they shall continue to be members of its
fire department.
Sec. 3. RCW 41.24.030 and 1995 c 45 s 1 and 1995 c 11 s 3 are each reenacted and amended to read as follows:
(1)
((There)) The volunteer fire fighters' and reserve officers' relief
and pension principal fund is created in the state treasury as a
trust fund for the benefit of the participants covered by this chapter((,
which shall be designated the volunteer fire fighters' relief and pension
principal fund and shall consist)) consisting of:
(a) All bequests, fees, gifts, emoluments, or donations given or paid to the fund.
(b)
An annual fee for each member of its fire department to be paid by each
municipal corporation for the purpose of affording ((the members of its fire
department with protection from death or disability as)) relief
provided in this chapter for fire fighters as follows:
(i) Ten dollars for each volunteer or part-paid member of its fire department;
(ii) A sum equal to one and one-half of one percent of the annual salary attached to the rank of each full-paid member of its fire department, prorated for 1970 on the basis of services prior to March 1, 1970.
(c) An annual fee for each emergency worker of an emergency medical service district paid by the district that is sufficient to pay the full costs of covering the emergency worker under the relief provisions of this chapter, including operating expenses. The state board shall determine the amount of this fee based on the latest actuarial valuation of the system.
(d) Where a municipal corporation has elected to make relief provisions of this chapter available to its reserve officers, an annual fee for each reserve officer paid by the municipal corporation that is sufficient to pay the full costs of covering the reserve officer under the relief provisions of this chapter, including operating expenses. The state board shall determine the amount of this fee based on the latest actuarial valuation of the system.
(e)
Where a municipal corporation has elected to make ((available to the members
of its fire department)) the retirement pension provisions ((as
provided in)) of this chapter available to members of its fire
department, an annual fee of sixty dollars for each of its fire fighters
electing to enroll ((therein)), thirty dollars of which shall be paid by
the municipality and thirty dollars of which shall be paid by the fire fighter.
However, nothing in this section prohibits any municipality from voluntarily
paying the fire fighters' ((share of the)) fee for this
retirement ((provision)) pension coverage.
(((d)))
(f) Where an emergency medical service district has elected to make the
retirement pension provisions of this chapter available to its emergency
workers, for each emergency worker electing to enroll: (i) An annual fee of
thirty dollars shall be paid by the emergency worker; and (ii) an annual fee
paid by the emergency medical service district that, together with the
thirty-dollar fee per emergency worker, is sufficient to pay the full costs of
covering the emergency worker under the retirement pension benefits provided
under this chapter, including operating expenses. The state board shall
determine the amount of this fee based on the latest actuarial valuation of the
system. However, nothing in this section prohibits any emergency medical
service district from voluntarily paying the emergency workers' fees for this
retirement pension coverage.
(g)
Where a municipal corporation has elected to make the retirement pension
provisions of this chapter available to its reserve officers, for each
reserve officer ((that elects)) electing to enroll: (i)
An annual fee of thirty dollars shall be paid by the reserve officer;
and (ii) an annual fee ((determined by the state board)) paid
by the municipal corporation that, together with the thirty-dollar fee per
reserve officer, is sufficient to pay the full costs of covering the reserve
officer under the retirement pension benefits provided under this chapter,
including operating expenses. The state board shall determine the amount of
this fee based on the latest actuarial valuation ((shall be paid by the
municipal corporation. The fee paid by the municipal corporation may include
operating expenses.
(e)
Forty percent of all moneys received by the state from taxes on fire insurance
premiums shall be paid into the state treasury and credited to the
administrative fund created in subsection (2) of this section)) of
the system. However, nothing in this section prohibits any municipal
corporation from voluntarily paying the reserve officers' fees for this
retirement pension coverage.
(((f)))
(h) Moneys transferred from the administrative fund, as provided under
subsection (4) of this section, which may only be used to pay relief and
retirement pensions for fire fighters.
(i) Earnings from the investment of moneys in the principal fund.
(2)
The state investment board, upon request of the state treasurer shall have full
power to invest ((or reinvest such)), reinvest, manage, contract,
sell, or exchange investments acquired from that portion of the amounts
credited to the principal fund as is not, in the judgment of the state
((treasurer)) board, required to meet current withdrawals. ((Such))
Investments shall be made in the manner prescribed by RCW 43.84.150 and
not otherwise.
(((g)))
All bonds, investments, or other obligations purchased ((according to
(f) of this subsection shall be forthwith)) by the state investment
board shall be placed in the custody of the state treasurer, and he or she
shall collect the principal thereof and interest thereon when due.
The state investment board may sell any of the bonds, investments, or obligations so acquired and the proceeds thereof shall be paid to the state treasurer.
(3)
The interest, earnings, and proceeds from the sale and redemption of any
((bonds or other obligations)) investments held by the principal
fund and invested by the state investment board shall be credited to and form a
part of the principal fund, less the allocation to the state investment board
expense account pursuant to RCW 43.33A.160.
Subject to restrictions contained in this chapter, all amounts credited to the principal fund shall be available for making the benefit payments required by this chapter.
The state treasurer shall make an annual report showing the condition of the fund.
(((2)))
(4) The volunteer fire fighters' ((relief and pension)) and
reserve officers' administrative fund is ((hereby)) created in the
state treasury. Moneys in the ((account)) fund, including
unanticipated revenues under RCW 43.79.270, may be spent only after
appropriation, and may be used only for operating expenses of the volunteer fire
fighters' and reserve officers' relief and pension principal fund, the
operating expenses of the volunteer fire fighters' ((relief and pension))
and reserve officers' administrative fund, or for transfer from the
administrative fund to the principal fund.
(a) Forty percent of all moneys received by the state from taxes on fire insurance premiums shall be paid into the state treasury and credited to the administrative fund.
(b) The state board shall compute a percentage of the amounts credited to the administrative fund to be paid into the principal fund.
(((b)))
(c) For the purpose of providing amounts to be used to defray the cost
of administration of the principal and administrative funds, the state board
shall ascertain at the beginning of each biennium and request from the
legislature an appropriation from the administrative fund sufficient to cover
estimated expenses for the biennium.
Sec. 4. RCW 41.24.035 and 1989 c 194 s 2 are each amended to read as follows:
The
state board is authorized to pay from the ((interest)) earnings of the
((trust funds of the system)) principal fund and administrative fund
lawful obligations of the system for legal expenses and medical expenses which
expenses are primarily incurred for the purpose of protecting the ((trust))
principal fund or are incurred in compliance with statutes governing
such funds.
The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
Sec. 5. RCW 41.24.040 and 1995 c 11 s 5 are each amended to read as follows:
On or before the first day of March of each year, every ((municipal
corporation)) municipality shall pay such amount as shall be due
from it to ((said)) the principal fund, together with the amounts
collected from the participants((: PROVIDED, That no fire fighter
[participant])). A participant shall not forfeit his or her
right to participate in the relief ((and compensation)) provisions of
this chapter by reason of ((nonpayment: PROVIDED FURTHER, That no)) the
municipal corporation failing to pay the amount due from it. A participant
shall not forfeit his or her right to participate in the retirement pension
provisions of this chapter until after March 1st of ((such)) the
year((: AND PROVIDED FURTHER, That)) in which the municipality fails
to make the required payments. Where a municipality has failed to pay or
remit the annual fees required within the time provided, such delinquent
payment shall bear interest at the rate of one percent per month from March 1st
until paid((: AND PROVIDED FURTHER, That)) or remitted. Where a
participant has forfeited his or her right to participate in the retirement
provisions of this chapter that participant may be reinstated so as to
participate to the same extent as if all fees had been paid by the payment of
all back fees with interest at the rate of one percent per month provided he or
she has at all times been otherwise eligible.
Sec. 6. RCW 41.24.060 and 1981 c 213 s 7 are each amended to read as follows:
A
fire fighter board of trustees is created and established to administer this
chapter in every municipal corporation maintaining a regularly organized
fire department ((there is hereby created and established a board of
trustees for the administration of this chapter. Such)). A fire
fighter board of trustees shall consist of the mayor, city clerk or
comptroller, and one councilmember of such municipality, the chief of the fire
department, and one member of the fire department to be elected by the members
of such fire department for a term of one year and annually thereafter. Where
a municipality is governed by a board, the chair, one member of the board,
and the secretary or clerk thereof shall serve as members of ((said)) the
fire fighter board of trustees in lieu of the mayor, clerk or
comptroller, and councilmember.
Sec. 7. RCW 41.24.070 and 1969 c 118 s 1 are each amended to read as follows:
The
mayor or ((chairman)) chair of the board or commission of any ((such))
municipality with a fire department, or his or her designee, shall be ((chairman))
chair of the fire fighter board of trustees, and the clerk or
comptroller or secretary of any such municipality, board, or commission,
or his or her designee, shall be the secretary-treasurer of the board of
trustees.
The
secretary shall keep a public record of all proceedings((,)) and
of all receipts and disbursements made by the board of trustees ((and)),
shall make an annual report of its expenses and disbursements with a full list
of the beneficiaries of ((said)) the principal fund in ((such))
the municipality, ((such record to be placed on file in such
municipality. Such forms as shall be necessary for the proper administration
of this fund and of making the reports required hereunder shall be provided by
the state board)) and shall make all required reports to the state
board. The state board shall provide all necessary forms to fire fighter
boards of trustees.
Sec. 8. RCW 41.24.080 and 1989 c 91 s 12 are each amended to read as follows:
The board of trustees of each municipal corporation shall provide
for enrollment of all members of its fire department under the ((death and
disability)) relief provisions ((hereof)) of this chapter;
provide for enrollment of all its reserve officers under the relief provisions
of this chapter if it has extended these relief provisions to its reserve
officers; receive all applications for the enrollment under the retirement pension
provisions ((hereof)) of this chapter when the municipality has
((elected to enroll thereunder)) extended these retirement pension
provisions to its fire fighters or reserve officers; provide for
disbursements of relief ((and compensation)); determine the eligibility
of fire fighters and reserve officers for retirement pensions;
and pass on all claims and direct payment thereof from the ((volunteer fire
fighters' relief and pension)) principal fund to those entitled
thereto. Vouchers shall be issued to the persons entitled thereto by the local
board. It shall send to the state board, after each meeting, a voucher for
each person entitled to payment from the principal fund, stating the
amount of such payment and for what granted, which voucher shall be certified
and signed by the ((chairman)) chair and secretary of the local
board. The state board, after review and approval, shall cause a
warrant to be issued on the principal fund for the amount specified and
approved on each voucher((: PROVIDED, That in)). However, in
retirement pension cases after the applicant's eligibility for pension is
verified, the state board shall authorize the regular issuance of
monthly warrants or electronic transfers of funds in payment ((thereof))
of the retirement pension without further action of the board of
trustees of any such municipality.
Sec. 9. RCW 41.24.090 and 1945 c 261 s 9 are each amended to read as follows:
((Said))
A board of trustees shall meet on the call of its ((chairman)) chair
on a regular monthly meeting day when there is business to come before it. The
((chairman)) chair shall be required to call a meeting on any
regular meeting day at the request of any member of the fund or his or her
beneficiary claiming any relief((, compensation)) or retirement
pension ((therefrom)).
Sec. 10. RCW 41.24.110 and 1989 c 91 s 13 are each amended to read as follows:
The local board shall make provisions for ((the
employment of a)) reimbursing regularly licensed practicing
physicians ((for the examination of members of fire departments))
and other medical staff who examine participants making application for
membership. ((Such appointed physician shall visit and examine all sick and
injured fire fighters,)) Physicians and other medical staff shall
perform such services and operations and render all medical aid and care
necessary for the recovery and treatment of ((fire fighters)) participants
on account of injury, sickness, or disability received while in
the performance of duties((. Such appointed physician)) and
shall be paid ((his or her fees from said)) for these services from
the principal fund, but not in excess of the schedule of fees for
like services approved by the director of labor and industries under Title 51
RCW. ((No)) A physician or ((surgeon)) other medical
staff, who is not approved by the local board, shall not
receive or be entitled to any compensation from ((said)) the
principal fund as the private or attending physician or other private or
attending medical staff of any ((fire fighter)) participant.
((No)) A person shall not have any right of action against
the local board ((of trustees of said fund)) for the negligence
of any physician or ((surgeon employed by it)) other medical staff
who is reimbursed from the principal fund. Any physician ((employed by
the board to attend upon any fire fighter)) or other medical staff who
is reimbursed from the principal fund for providing service or care for a
participant shall report his or her findings in writing to ((said)) the
local board and the state board.
Sec. 11. RCW 41.24.120 and 1969 c 118 s 3 are each amended to read as follows:
The
local board shall initially hear and decide all applications for relief or ((compensation
and)) retirement pensions under this chapter, subject to review by,
or appeal by the proper person to, the state board where decision on such
review or appeal shall be final and conclusive.
Sec. 12. RCW 41.24.140 and 1989 c 91 s 14 are each amended to read as follows:
((Said board of trustees shall have the power and authority to
ask for the appointment of)) A local board may appoint a guardian
whenever and wherever the claim of a ((fire fighter)) participant
or his or her beneficiary would, in the opinion of the local
board, be best served ((thereby)) by the appointment. The local
board shall have full power to make and direct the payments ((herein
provided for)) under this chapter to any person entitled ((thereto))
to the payments without the necessity of any guardianship or
administration proceedings, when in its judgment, it shall determine it to be
for the best interests of the beneficiary.
Sec. 13. RCW 41.24.150 and 1996 c 57 s 1 are each amended to read as follows:
Whenever
a ((fire fighter serving in any capacity as a member of the fire fighter's
own fire department subject to the provisions of this chapter)) participant
becomes physically or mentally disabled, injured, 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 principal
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)). However, if the ((member))
participant 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
state 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 or her disability((:
PROVIDED, That)).
Where
a ((fire fighter)) participant sustains a permanent partial
disability the state board may provide that ((such)) the injured
((fire fighter shall)) participant 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. 14. RCW 41.24.160 and 1998 c 151 s 1 are each amended to read as follows:
(1)
Whenever a ((fire fighter, or a reserve officer provided a benefit under
this section,)) participant 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 from
the principal fund of the sum of one hundred fifty-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)) participant or if,
after the death of the ((fire fighter)) participant, 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))
one thousand two hundred ((twenty-five)) seventy-five
dollars per month shall be paid for the youngest or only child together with an
additional ((seventy)) one hundred ten dollars per month for each
additional of such children to a maximum of ((one)) two thousand
((six)) five 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)) one thousand two hundred ((twenty-five))
seventy-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)) under this subsection
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. 15. RCW 41.24.170 and 1995 c 11 s 7 are each amended to read as follows:
Except
as provided in RCW 41.24.410, whenever any participant has been a member and
served honorably for a period of ten years or more as an active member in any
capacity, of any regularly organized ((volunteer)) fire department or
law enforcement agency of any municipality in this state, and which
municipality has adopted appropriate legislation allowing its fire fighters
or reserve officers to enroll in the retirement pension provisions of this
chapter, and the participant ((are)) has enrolled
under the retirement pension provisions((,)) and ((the
participant)) has reached the age of sixty-five years, the board of
trustees shall order and direct that he or she be retired and be paid a monthly
pension from the principal fund as provided in this section.
Whenever a participant has been a member, and served honorably for a period of twenty-five years or more as an active member in any capacity, of any regularly organized volunteer fire department or law enforcement agency of any municipality in this state, and he or she has reached the age of sixty-five years, and the annual retirement fee has been paid for a period of twenty-five years, the board of trustees shall order and direct that he or she be retired and such participant be paid a monthly pension of two hundred twenty-five dollars from the fund for the balance of that participant's life.
Whenever any participant has been a member, and served honorably for a period of twenty-five years or more as an active member in any capacity, of any regularly organized volunteer fire department or law enforcement agency of any municipality in this state, and the participant has reached the age of sixty-five years, and the annual retirement fee has been paid for a period of less than twenty-five years, the board of trustees shall order and direct that he or she be retired and that such participant shall receive a minimum monthly pension of twenty-five dollars increased by the sum of eight dollars each month for each year the annual fee has been paid, but not to exceed the maximum monthly pension provided in this section, for the balance of the participant's life.
No pension provided in this section may become payable before the sixty-fifth birthday of the participant, nor for any service less than twenty-five years: PROVIDED, HOWEVER, That:
(1) Any participant, upon completion of twenty-five years' service and attainment of age sixty, may irrevocably elect, in lieu of the pension to which that participant would be entitled under this section at age sixty-five, to receive for the balance of his or her life a monthly pension equal to sixty percent of such pension.
(2) Any participant, upon completion of twenty-five years' service and attainment of age sixty-two, may irrevocably elect, in lieu of the pension to which that participant would be entitled under this section at age sixty-five, to receive for the balance of his or her life a monthly pension equal to seventy-five percent of such pension.
(3) Any participant, upon completion of less than twenty-five years of service shall receive the applicable reduced pension provided in this subsection, according to the age at which that participant elects to begin to receive the pension. If receipt of the benefits begins at age sixty-five the participant shall receive one hundred percent of the reduced benefit; at age sixty-two the participant shall receive seventy-five percent of the reduced benefit; and at age sixty the participant shall receive sixty percent of the reduced benefit. The reduced benefit shall be computed as follows:
(a) Upon completion of ten years, but less than fifteen years of service, a monthly pension equal to fifteen percent of such pension as the participant would have been entitled to receive at age sixty-five after twenty-five years of service;
(b) Upon completion of fifteen years, but less than twenty years of service, a monthly pension equal to thirty percent of such pension as the participant would have been entitled to receive at age sixty-five after twenty-five years of service; and
(c) Upon completion of twenty years, but less than twenty-five years of service, a monthly pension equal to sixty percent of such pension as the participant would have been entitled to receive at age sixty-five after twenty-five years of service.
Sec. 16. RCW 41.24.172 and 1995 c 11 s 9 are each amended to read as follows:
Before beginning to receive the retirement pension provided for in RCW 41.24.170, the participant shall elect, in a writing filed with the state board, to have the retirement pension paid under either option 1 or 2, with option 2 calculated so as to be actuarially equivalent to option 1.
(1) Option 1. A participant electing this option shall receive a monthly pension payable throughout the participant's life. However, if the participant dies before the total retirement pension paid to the participant equals the amount paid on behalf of the participant into the principal fund, then the balance shall be paid to the participant's surviving spouse, or if there be no surviving spouse, then to the participant's legal representatives.
(2) Option 2. A participant electing this option shall receive a reduced monthly pension, which upon the participant's death shall be continued throughout the life of and paid to the participant's surviving spouse named in the written election filed with the state board.
Sec. 17. RCW 41.24.180 and 1989 c 91 s 5 are each amended to read as follows:
The
board of trustees of any municipal corporation shall direct payment from ((said))
the principal fund in the following cases:
(1)
To any ((volunteer fire fighter)) participant, upon his or her
request, upon attaining the age of sixty-five years, who, for any reason, is
not qualified to receive the monthly retirement pension ((herein))
provided under this chapter and who was enrolled in ((said fund))
the retirement provisions and on whose behalf annual fees for retirement
pension were paid, a lump sum amount equal to the amount paid into the fund by
the ((fire fighter)) participant.
(2)
If any ((fire fighter)) participant who has not completed at
least ten years of service dies without having requested a lump sum payment
under subsection (1) or (((4))) (3) of this section, there shall
be paid to the ((fire fighter's)) participant's surviving spouse,
or if there be no surviving spouse, then to such ((fire fighter's)) participant's
legal representatives, a lump sum amount equal to the amount paid into the fund
by the ((fire fighter)) participant. If any ((fire fighter))
participant who has completed at least ten years of service dies other
than as the result of injuries received or sickness contracted in consequence
or as the result of the performance of his or her duties, without having
requested a lump sum payment under subsection (1) or (((4))) (3)
of this section and before beginning to receive the monthly pension provided
for in this chapter, the ((fire fighter's)) participant's
surviving spouse shall elect to receive either:
(a)
A monthly pension computed as provided for in RCW 41.24.170 actuarially
adjusted to reflect option 2 of RCW 41.24.172 and further actuarially reduced
to reflect the difference in the number of years between the ((fire
fighter's)) participant's age at death and age sixty-five; or
(b)
A lump sum amount equal to the amount paid into the principal fund by
the ((fire fighter)) participant and the municipality or
municipalities in whose department he or she has served.
If
there be no such surviving spouse, then there shall be paid to the ((fire
fighter's)) participant's legal representatives a lump sum amount
equal to the amount paid into the fund by the ((fire fighter)) participant.
(((4)[(3)]))
(3) If any ((volunteer fire fighter)) participant retires
from ((the fire)) service before attaining the age of sixty-five years,
the ((fire fighter)) participant may make application for the
return in a lump sum of the amount paid into the fund by himself or herself.
Sec. 18. RCW 41.24.200 and 1995 c 11 s 12 are each amended to read as follows:
The
aggregate term of service of any participant need not be continuous nor need it
be confined to a single fire department or law enforcement agency nor a single
municipality in this state to entitle such participant to a retirement
pension((: PROVIDED, That)) if the participant has been duly
enrolled in a fire department or law enforcement agency of a municipality which
has elected to ((make provisions for)) extend the retirement ((of
its participants)) pension provisions of this chapter to its fire
fighters or reserve officers at the time he or she becomes eligible for ((such))
the retirement pension ((as in this chapter provided,)) and has
paid all fees prescribed. To be eligible to the full pension a participant
must have an aggregate of twenty-five years service, have made twenty-five
annual payments into the fund, and be sixty-five years of age at the time the
participant commences drawing the pension provided for by this chapter, all of
which twenty-five years service must have been in the fire department or law
enforcement agency of a municipality or municipalities which have elected to ((make
provisions for)) extend the retirement ((of its participants:
PROVIDED, HOWEVER, That)) pension provisions of this chapter to its fire
fighters or reserve officers. Nothing ((herein contained)) in
this chapter shall require any participant having twenty-five years active
service to continue as a fire fighter or reserve officer and no participant who
has completed twenty-five years of active service for which annual retirement
pension fees have been paid and who continues as a fire fighter or reserve
officer shall be required to pay any additional annual pension fees.
Sec. 19. RCW 41.24.210 and 1989 c 91 s 18 are each amended to read as follows:
((No fire fighter)) A participant shall not
receive ((any disability pension from the fund, or be entitled to receive
any)) relief ((or compensation)) for disability, sickness,
or injuries received in the performance of his or her duties, unless there is
filed with the board of trustees a report of accident, which report shall be
subscribed to by the claimant, the ((fire chief)) head of the
department, and the authorized attending physician, if there is one. ((No))
A claim for benefits arising from disability, sickness, or
injuries incurred in consequence or as a result of the performance of duties
shall not be allowed by the state board unless there has been filed with
it a report of accident within ninety days after its occurrence and a claim
based thereon within one year after the occurrence of the accident on which
such claim is based. The state board may require such other or further
evidence as it deems advisable before ordering any relief((, compensation,
or pension)).
Sec. 20. RCW 41.24.220 and 1989 c 91 s 19 are each amended to read as follows:
Whenever any ((fire fighter)) participant becomes injured,
disabled, or sick in consequence or as the result of the performance of
his or her duties by reason of which he or she is confined to any hospital or
other medical facility, an amount not exceeding the daily ward rate of the
hospital or regular fees for such service shall be allowed and paid from
((said fund toward such hospital expenses: PROVIDED, That)) the
principal fund. This allowance shall not be in lieu of but in addition to
any other allowance provided in this chapter ((provided: PROVIDED
FURTHER, That)). In addition, the costs of surgery, medicine,
laboratory fees, x-ray, special therapies, and similar additional costs shall
be paid ((in addition thereto: PROVIDED FURTHER, That)). When
extended treatment, not available in the injured ((fire fighter's)),
disabled, or sick participant's home area, is required, ((such fire
fighter)) the participant may be reimbursed for actual mileage to
and from the place of extended treatment pursuant to RCW 43.03.060 ((as now
existing or hereafter amended)).
Sec. 21. RCW 41.24.230 and 1989 c 91 s 20 are each amended to read as follows:
Upon
the death of any ((fire fighter)) participant resulting from
injuries or sickness in consequence or as the result of the performance of his
or her duties, the board of trustees shall authorize the issuance of a voucher
for the sum of two thousand dollars, and upon the death of any ((fire
fighter)) participant who is receiving any disability ((pension))
payments provided for in this chapter, the board of trustees shall
authorize the issuance of a voucher for the sum of five hundred dollars, to
help defray the funeral expenses and burial of ((such fire fighter)) the
participant, which voucher shall be paid in the manner provided for payment
of other charges against the principal fund.
Sec. 22. RCW 41.24.245 and 1987 c 326 s 19 are each amended to read as follows:
(1) If the state board or the secretary makes payments to a spouse or ex spouse to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to a court decree of dissolution or legal separation, it shall be a sufficient answer to any claim of a beneficiary against the state board, the secretary, or the principal fund for the state board or secretary to show that the payments were made pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex spouse pursuant to RCW 41.24.240 shall cease upon the death of such a nonmember spouse or ex spouse. Upon such a death, the state board and the secretary shall pay to the member his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.24.240 and this section shall apply to all court decrees of dissolution or legal separation and court-approved property settlement agreements, regardless of when entered, but shall apply only to those persons who have actually retired or who have requested withdrawal of any or all of their contributions to the principal fund: PROVIDED, That the state board or secretary shall not be responsible for making court-ordered divisions of withdrawals unless the order is filed with the state board at least thirty days before the withdrawal payment date.
Sec. 23. RCW 41.24.250 and 1989 c 91 s 22 are each amended to read as follows:
((There
is established a)) The state board for volunteer fire fighters and
reserve officers is created to consist of three members of a fire
department covered by this chapter, no two of whom shall be from the same
congressional district, to be appointed by the governor to serve overlapping
terms of six years. Of members first appointed, one shall be appointed for a
term of six years, one for four years, and one for two years. Upon the
expiration of a term, a successor shall be appointed by the governor for a term
of six years. Any vacancy shall be filled by the governor for the unexpired
term. Each member of the state board, before entering on the performance of
his or her duties, shall take an oath that he or she will not knowingly violate
or willingly permit the violation of any provision of law applicable to this
chapter, which oath shall be filed with the secretary of state.
The state board shall not be deemed to be unlawfully constituted and a member of the board shall not be deemed ineligible to serve the remainder of the member's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
Sec. 24. RCW 41.24.280 and 1955 c 263 s 5 are each amended to read as follows:
The attorney general shall be the legal advisor for the state board.
Sec. 25. RCW 41.24.290 and 1989 c 91 s 23 are each amended to read as follows:
The state board shall:
(1) Generally supervise and control the administration of this chapter;
(2) Promulgate, amend, or repeal rules and regulations not inconsistent with this chapter for the purpose of effecting a uniform and efficient manner of carrying out the provisions of this chapter and the purposes to be accomplished thereby, and for the government of boards of trustees of the municipalities of this state in the discharge of their functions under this chapter;
(3) Review any action, and hear and determine any appeal which may be taken from the decision of the board of trustees of any municipality made pursuant to this chapter;
(4) Take such action as may be necessary to secure compliance of the municipalities governed by this chapter and to provide for the collection of all fees and penalties which are, or may be, due and delinquent from any such municipality;
(5) Review the action of the board of trustees of any municipality authorizing any pension as provided by this chapter; and authorize the regular issuance of monthly warrants in payment thereof without further action of the board of trustees of such municipality;
(6) Require periodic reports from the recipient of any benefits under this chapter for the purpose of determining their continued eligibility therefor;
(7)
Maintain such records as may be necessary and proper for the proper maintenance
and operation of the ((volunteer fire fighters' relief and pension)) principal
fund, including records of the names ((and addresses)) of every person
enrolled under this chapter, and provide all necessary forms to enable local
boards of trustees to effectively carry out their duties as provided by this
chapter;
(8) Compel the taking of testimony from witnesses under oath before the state board, or any member or the secretary thereof, or before the local board of trustees or any member thereof, for the purpose of obtaining evidence, at any time, in connection with any claim or pension pending or authorized for payment. For such purpose the state board shall have the same power of subpoena as prescribed in RCW 51.52.100. Failure of any claimant to appear and give any testimony as herein provided shall suspend any rights or eligibility to receive payments for the period of such failure to appear and testify;
(9) Appoint a secretary to hold office at the pleasure of the state board, fix the secretary's compensation at such sum as it shall deem appropriate, and prescribe the secretary's duties not otherwise provided by this chapter.
Sec. 26. RCW 41.24.300 and 1979 ex.s. c 157 s 2 are each amended to read as follows:
All expenses incurred by the state board shall be accomplished by vouchers signed by the secretary and one member of the state board and issued to the persons entitled thereto and sent to the proper state agency. The proper state agency shall issue a warrant on the principal fund or administrative fund for the amount specified.
Sec. 27. RCW 41.24.310 and 1989 c 91 s 24 are each amended to read as follows:
The secretary shall maintain an office at Olympia at a place to be provided, wherein the secretary shall:
(1)
Keep a record of all proceedings of the state board, which shall be
public((,));
(2)
Maintain a record of all members of the pension fund, including such
pertinent information relative thereto as may be required by law or ((regulation))
rule of the state board((,));
(3)
Receive and promptly remit to the state treasurer all moneys received
for the ((volunteer fire fighters' relief and pension)) principal
fund((,));
(4)
Transmit periodically to the proper state agency for payment all claims
payable from the ((volunteer fire fighters' relief and pension)) principal
fund, stating the amount and purpose of such payment((,));
(5)
Certify monthly for payment a list of all persons approved for retirement
pensions and the amount to which each is entitled((,)); and
(6) Perform such other and further duties as shall be prescribed by the state board.
The
secretary shall receive such compensation as shall be fixed by the state board,
together with travel expenses in carrying out his or her duties authorized by
the state board in accordance with RCW 43.03.050 and 43.03.060 ((as now
existing or hereafter amended)).
Sec. 28. RCW 41.24.320 and 1989 c 91 s 25 are each amended to read as follows:
The state actuary shall provide actuarial services for the state board.
Sec. 29. RCW 41.24.330 and 1993 c 331 s 2 are each amended to read as follows:
An
emergency medical service district board of trustees is created to administer
this chapter in every county maintaining a regularly organized emergency
medical service district ((there is hereby created an emergency medical
service district board of trustees for the administration of this chapter)).
The emergency medical service district board shall consist of ((three)) two
of the members of the county legislative authority or their designees, the
county auditor or the auditor's designee, the head of the emergency medical
service district, and one emergency worker from the emergency medical service
district to be elected by the emergency workers of the emergency medical
service district for a term of one year and annually thereafter.
The emergency medical service district shall make provisions for the collection and payment of the fees provided under this chapter and shall continue to make such provisions for all emergency workers who come under this chapter as long as they shall continue to be members of the fire department.
Sec. 30. RCW 41.24.340 and 1993 c 331 s 3 are each amended to read as follows:
The
chair of the ((board of county commissioners)) county legislative
authority, or the chair's designee, shall be chair of the emergency medical
service district board of trustees, and the county ((clerk)) auditor,
or the auditor's designee, shall be the secretary-treasurer of the emergency
medical service district board of trustees.
The
secretary shall keep a public record of all proceedings((,)) and
of all receipts and disbursements made by the emergency medical service
district board of trustees ((and)), shall make an annual report
of its expenses and disbursements with a full list of the beneficiaries of ((said))
the principal fund in the county, ((the record to be placed on file
in the county. Such forms as shall be necessary for the proper administration
of this fund and of making the reports required hereunder shall be provided by
the state board)) and shall make all required reports to the state
board. The state board shall provide all necessary forms to emergency worker
boards of trustees.
Sec. 31. RCW 41.24.400 and 1998 c 307 s 4 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 pension provisions of this
chapter or fees required under RCW ((41.24.470)) 41.24.030(1) to
pay for the costs of extending ((disability and death benefits)) the
relief provisions of this chapter to its reserve officers.
(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)
Except as provided under RCW 41.24.450, a reserve officer is not eligible to
receive a benefit under the relief ((and compensation)) provisions of
this chapter.
Sec. 32. RCW 41.24.450 and 1998 c 307 s 1 are each amended to read as follows:
A
municipality employing reserve officers may adopt appropriate legislation
extending ((disability and death benefits under)) the relief
provisions of this chapter to ((their)) its reserve
officers. ((Disability and death benefits under)) The relief
provisions of this chapter may not be extended to reserve officers if the
municipality has extended industrial insurance coverage to its reserve officers
under RCW 51.12.140 or 51.12.035(2), or any other provision of law. A
municipality that adopts appropriate legislation extending ((disability and
death benefits)) the relief provisions of this chapter to its
reserve officers ((under RCW 41.24.150 and 41.24.160)) shall enjoy the
same extent of immunity from civil actions for personal injuries to its reserve
officers that arises if the reserve officers were covered under Title 51 RCW.
((Each
municipality that adopts appropriate legislation extending disability and death
benefits under this chapter to its reserve officers must pay all fees
established under RCW 41.24.470 established for this coverage.))
Sec. 33. RCW 41.24.460 and 1998 c 307 s 2 are each amended to read as follows:
A
municipality that adopts appropriate legislation ((providing)) extending
the relief provisions of this chapter to its reserve officers ((with
disability and death benefits under RCW 41.24.150 and 41.24.160)) shall
create a reserve officer board of trustees to administer this chapter composed
as follows:
(1) A county reserve officer board of trustees shall consist of the following five members: (a) Two members of the county legislative authority and the county auditor, or their designees; (b) the sheriff; and (c) one reserve officer who is elected by reserve officers of the county for an annual one-year term.
(2) Any other reserve officer board of trustees shall consist of the following five members: (a) The mayor, if one exists for the municipality, and one member of the municipality's legislative authority, or two members of the municipality's legislative authority if a mayor does not exist for the municipality, or their designees; (b) the clerk, comptroller, or chief fiscal officer of the municipality; (c) the head of the law enforcement agency; and (d) one reserve officer who is elected by reserve officers of the municipality for an annual term of one year.
(3) The secretary of the board of trustees shall keep a public record of all proceedings and of all receipts and disbursements made by the board of trustees, shall make an annual report of its expenses and disbursements with a full list of the beneficiaries of the principal fund in the municipality, and shall make all required reports to the state board. The state board shall provide the boards of trustees with all necessary forms.
NEW SECTION. Sec. 34. The following acts or parts of acts are each repealed:
(1) RCW 41.24.350 (Emergency medical service districts--State board shall set pension fees) and 1993 c 331 s 4;
(2) RCW 41.24.420 (Reserve officers--Enrollment--Procedure) and 1995 c 11 s 6;
(3) RCW 41.24.440 (Reserve officers--Lump sum payments--Payments to surviving spouse) and 1995 c 11 s 10; and
(4) RCW 41.24.470 (Reserve officers--Disability and death benefits‑-Fees) and 1998 c 307 s 3.
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