H-4486.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2414
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State of Washington 56th Legislature 2000 Regular Session
By House Committee on Education (originally sponsored by Representatives Stensen, Carlson, Keiser, Talcott, Santos, Quall, Haigh, Schual‑Berke, Rockefeller, O'Brien, Edwards, Lantz, Ogden and Bush)
Read first time 02/01/2000. Referred to Committee on .
AN ACT Relating to death benefits for school employees; adding a new section to chapter 41.32 RCW; adding a new section to chapter 41.35 RCW; adding a new section to chapter 41.40 RCW; creating a new section; repealing 1999 c 309 s 718 (uncodified); providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that schools are not always the havens of safety and learning that they ought to be. In recent years, serious violence has erupted at schools both in the state of Washington and across the nation.
(2) The legislature finds that school employees who entered the field of education did not choose the profession knowing their lives could be at risk by virtue of being on school grounds performing their normal duties.
(3) The legislature recognizes that all school employees, whether they are principals and other administrators, teachers, or classified employees, have had their lives threatened, have been in harm's way, and in some cases have been killed due to working with students who possess firearms and due to other dangerous circumstances and conditions.
NEW SECTION. Sec. 2. A new section is added to chapter 41.32 RCW under the subchapter heading "provisions applicable to plan 1, plan 2, and plan 3" to read as follows:
(1) A one hundred fifty thousand dollar death benefit shall be paid to the estate, as provided in subsection (2) of this section, of a member of any plan under this chapter who is an employee in the common school system of the state and who is killed in the course of employment. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(2) If it is determined that the benefit applies under subsection (1) of this section, the benefit shall be paid to such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.
NEW SECTION. Sec. 3. A new section is added to chapter 41.35 RCW under the subchapter heading "provisions applicable to plan 2 and plan 3" to read as follows:
(1) A one hundred fifty thousand dollar death benefit shall be paid to the estate, as provided in subsection (2) of this section, of a member of any plan under this chapter who is an employee in the common school system of the state and who is killed in the course of employment. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(2) If it is determined that the benefit applies under subsection (1) of this section, the benefit shall be paid to such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.
NEW SECTION. Sec. 4. A new section is added to chapter 41.40 RCW under the subchapter heading "provisions applicable to plan 1 and plan 2" to read as follows:
(1) A one hundred fifty thousand dollar death benefit shall be paid to the estate, as provided in subsection (2) of this section, of a member of any plan under this chapter who is an employee in the common school system of the state and who is killed in the course of employment. The determination of eligibility for the benefit shall be made consistent with Title 51 RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050.
(2) If it is determined that the benefit applies under subsection (1) of this section, the benefit shall be paid to such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse as if in fact such spouse had been nominated by written designation, or if there be no such surviving spouse, then to such member's legal representatives.
NEW SECTION. Sec. 5. 1999 c 309 s 718 (uncodified) is repealed.
NEW SECTION. Sec. 6. Sections 1, 2, 4, and 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
NEW SECTION. Sec. 7. Section 3 of this act takes effect September 1, 2000.
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