AN
ACT Relating to the withdrawal of accumulated contributions under the law
enforcement officers' and fire fighters' retirement system; amending RCW
41.26.470; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.26.470 and 1995 c 144 s 18 are each amended to read as follows:
(1)
A member of the retirement system who becomes totally incapacitated for
continued employment by an employer as determined by the director shall be
eligible to receive an allowance under the provisions of RCW 41.26.410 through
41.26.550. Such member shall receive a monthly disability allowance computed
as provided for in RCW 41.26.420 and shall have such allowance actuarially
reduced to reflect the difference in the number of years between age at
disability and the attainment of age fifty-five.
(2)
Any member who receives an allowance under the provisions of this section shall
be subject to such comprehensive medical examinations as required by the
department. If such medical examinations reveal that such a member has
recovered from the incapacitating disability and the member is no longer
entitled to benefits under Title 51 RCW, the retirement allowance shall be
canceled and the member shall be restored to duty in the same civil service
rank, if any, held by the member at the time of retirement or, if unable to
perform the duties of the rank, then, at the member's request, in such other
like or lesser rank as may be or become open and available, the duties of which
the member is then able to perform. In no event shall a member previously
drawing a disability allowance be returned or be restored to duty at a salary
or rate of pay less than the current salary attached to the rank or position
held by the member at the date of the retirement for disability. If the
department determines that the member is able to return to service, the member
is entitled to notice and a hearing. Both the notice and the hearing shall
comply with the requirements of chapter 34.05 RCW, the Administrative Procedure
Act.
(3)
Those members subject to this chapter who became disabled in the line of duty
on or after July 23, 1989, and who receive benefits under RCW 41.04.500 through
41.04.530 or similar benefits under RCW 41.04.535 shall receive or continue to
receive service credit subject to the following:
(a)
No member may receive more than one month's service credit in a calendar month.
(b)
No service credit under this section may be allowed after a member separates or
is separated without leave of absence.
(c)
Employer contributions shall be paid by the employer at the rate in effect for
the period of the service credited.
(d)
Employee contributions shall be collected by the employer and paid to the
department at the rate in effect for the period of service credited.
(e)
State contributions shall be as provided in RCW 41.26.450.
(f)
Contributions shall be based on the regular compensation which the member would
have received had the disability not occurred.
(g)
The service and compensation credit under this section shall be granted for a
period not to exceed six consecutive months.
(h)
Should the legislature revoke the service credit authorized under this section
or repeal this section, no affected employee is entitled to receive the credit
as a matter of contractual right.
(4)(a)
If the recipient of a monthly retirement allowance under this section dies
before the total of the retirement allowance paid to the recipient equals the
amount of the accumulated contributions at the date of retirement, then the
balance shall be paid to the member's estate, or such person or persons, trust,
or organization as the recipient has nominated by written designation duly
executed and filed with the director, or, if there is no such designated person
or persons still living at the time of the recipient's death, then to the
surviving spouse, or, if there is neither such designated person or persons
still living at the time of his or her death nor a surviving spouse, then to
his or her legal representative.
(b)
If a recipient of a monthly retirement allowance under this section died before
April 27, 1989, and before the total of the retirement allowance paid to the
recipient equaled the amount of his or her accumulated contributions at the
date of retirement, then the department shall pay the balance of the
accumulated contributions to the member's surviving spouse or, if there is no
surviving spouse, then in equal shares to the member's children. If there is
no surviving spouse or children, the department shall retain the contributions.
(5)
Should the disability retirement allowance of any disability beneficiary be
canceled for any cause other than reentrance into service or retirement for
service, he or she shall be paid the excess, if any, of the accumulated
contributions at the time of retirement over all payments made on his or her
behalf under this chapter.
NEW
SECTION. Sec. 2.
Section 1 of this act applies to any member who received a disability
retirement allowance on or after February 1, 1990.
