AN
ACT Relating to duty connected death benefits under the law enforcement
officers' and fire fighters' retirement system, plan 1; amending RCW 41.26.160;
adding a new section to chapter 41.26 RCW; creating new sections; and declaring
an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of sections 1 through 4 of this act is to clarify that the intent of
the legislature in enacting RCW 41.26.160, insofar as that section provides
benefits to members or surviving spouses for deaths incurred in the line of
duty, was to provide a statute in the nature of a workers' compensation act
that provides compensation to employees or surviving spouses for personal
injuries or deaths incurred in the course of employment. Accordingly, this act
amends and divides RCW 41.26.160 into two separate sections. Section 2 of this
act clarifies and emphasizes the legislature's intent that the death benefits
granted by RCW 41.26.160, as amended, are granted only to those members who die
or become disabled by any injury or incapacity that is incurred in the line of
duty. Section 3 of this act continues to provide death retirement benefits to
members or surviving spouses for deaths not incurred in the line of duty.
Sec.
2. RCW
41.26.160 and 1991 sp.s. c 11 s 5 are each amended to read as follows:
(1)
In the event of the duty connected death of any member who is in active
service, or who has vested under the provisions of RCW 41.26.090 with twenty or
more service credit years of service, or who is on duty connected
disability leave or retired((, whether)) for duty connected
disability ((or service)), the surviving spouse shall become entitled to
receive a monthly allowance equal to fifty percent of the final average salary
at the date of death if active, or the amount of retirement allowance the
vested member would have received at age fifty, or the amount of the retirement
allowance such retired member was receiving at the time of death if retired for
((service or)) duty connected disability. The amount of this
allowance will be increased five percent of final average salary for each child
as defined in RCW 41.26.030(7), ((as now or hereafter amended,)) subject
to a maximum combined allowance of sixty percent of final average salary:
PROVIDED, That if the child or children is or are in the care of a legal
guardian, payment of the increase attributable to each child will be made to
the child's legal guardian or, in the absence of a legal guardian and if the
member has created a trust for the benefit of the child or children, payment of
the increase attributable to each child will be made to the trust.
(2)
If at the time of the duty connected death of a vested member with
twenty or more service credit years of service as provided in subsection (1) of
this section or a member retired for ((service or)) duty connected
disability, the surviving spouse has not been lawfully married to such member
for one year prior to retirement or separation from service if a vested member,
the surviving spouse shall not be eligible to receive the benefits under this
section: PROVIDED, That if a member dies as a result of a disability incurred
in the line of duty, then if he or she was married at the time he or she was
disabled, the surviving spouse shall be eligible to receive the benefits under
this section.
(3)
If there be no surviving spouse eligible to receive benefits at the time of
such member's duty connected death, then the child or children of such
member shall receive a monthly allowance equal to thirty percent of final
average salary for one child and an additional ten percent for each additional
child subject to a maximum combined payment, under this subsection, of sixty
percent of final average salary. When there cease to be any eligible children
as defined in RCW 41.26.030(7), ((as now or hereafter amended,)) there
shall be paid to the legal heirs of ((said)) the member the
excess, if any, of accumulated contributions of ((said)) the
member at the time of death over all payments made to survivors on his or her
behalf under this chapter: PROVIDED, That payments under this subsection to
children shall be prorated equally among the children, if more than one. If
the member has created a trust for the benefit of the child or children, the
payment shall be made to the trust.
(4)
In the event that there is no surviving spouse eligible to receive benefits
under this section, and that there be no child or children eligible to receive
benefits under this section, then the accumulated contributions shall be paid
to the estate of ((said)) the member.
(5)
If a surviving spouse receiving benefits under the provisions of this section
thereafter dies and there are children as defined in RCW 41.26.030(7), ((as
now or hereafter amended,)) payment to the spouse shall cease and the child
or children shall receive the benefits as provided in subsection (3) of this
section.
(6)
The payment provided by this section shall become due the day following the
date of death and payments shall be retroactive to that date.
NEW
SECTION. Sec. 3. A
new section is added to chapter 41.26 RCW under the subchapter heading
"plan 1" to read as follows:
(1)
In the event of the nonduty connected death of any member who is in active
service, or who has vested under the provisions of RCW 41.26.090 with twenty or
more service credit years of service, or who is on disability leave or retired,
whether for nonduty connected disability or service, the surviving spouse shall
become entitled to receive a monthly allowance equal to fifty percent of the
final average salary at the date of death if active, or the amount of
retirement allowance the vested member would have received at age fifty, or the
amount of the retirement allowance such retired member was receiving at the
time of death if retired for service or nonduty connected disability. The
amount of this allowance will be increased five percent of final average salary
for each child as defined in RCW 41.26.030(7), subject to a maximum combined
allowance of sixty percent of final average salary: PROVIDED, That if the
child or children is or are in the care of a legal guardian, payment of the
increase attributable to each child will be made to the child's legal guardian
or, in the absence of a legal guardian and if the member has created a trust
for the benefit of the child or children, payment of the increase attributable
to each child will be made to the trust.
(2)
If at the time of the death of a vested member with twenty or more service
credit years of service as provided in subsection (1) of this section or a
member retired for service or disability, the surviving spouse has not been
lawfully married to such member for one year prior to retirement or separation
from service if a vested member, the surviving spouse shall not be eligible to
receive the benefits under this section.
(3)
If there be no surviving spouse eligible to receive benefits at the time of such
member's death, then the child or children of such member shall receive a
monthly allowance equal to thirty percent of final average salary for one child
and an additional ten percent for each additional child subject to a maximum
combined payment, under this subsection, of sixty percent of final average
salary. When there cease to be any eligible children as defined in RCW
41.26.030(7), there shall be paid to the legal heirs of the member the excess,
if any, of accumulated contributions of the member at the time of death over
all payments made to survivors on his or her behalf under this chapter:
PROVIDED, That payments under this subsection to children shall be prorated
equally among the children, if more than one. If the member has created a trust
for the benefit of the child or children, the payment shall be made to the
trust.
(4)
In the event that there is no surviving spouse eligible to receive benefits
under this section, and that there be no child or children eligible to receive
benefits under this section, then the accumulated contributions shall be paid
to the estate of said member.
(5)
If a surviving spouse receiving benefits under the provisions of this section
thereafter dies and there are children as defined in RCW 41.26.030(7), payment
to the spouse shall cease and the child or children shall receive the benefits
as provided in subsection (3) of this section.
(6)
The payment provided by this section shall become due the day following the
date of death and payments shall be retroactive to that date.
NEW
SECTION. Sec. 4. The
provisions of section 2 of this act apply retrospectively to all line of duty
death retirement allowances granted under chapter 41.26 RCW prior to the
effective date of this act.
NEW SECTION. Sec. 5. 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 takes effect immediately.
