AN ACT Relating to
adjusting disability payments; amending RCW 41.24.150; reenacting and amending
RCW 41.24.160; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 41.24.150 and 1999 c
148 s 13 are each amended to read as follows:
(1)(a) Whenever
a 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 (i) equal to his or her monthly wage as
certified by the local board or (ii) 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 provided. However, if the 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.
(b) Beginning on
July 1, 2001, and each July 1st thereafter, the compensation amounts specified
in (a)(ii) of this subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows: The index for the
calendar year preceding the year in which the July calculation is made, to be
known as "calendar year A," is divided by the index for the calendar
year preceding calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately preceding the July 1st
on which the respective calculation is made. For the purposes of this
subsection, "index" means the same as the definition in RCW
2.12.037(1).
(2) 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.
(3) Where a
participant sustains a permanent partial disability the state board may provide
that the injured 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. 2. RCW 41.24.160 and 1999 c
148 s 14 and 1999 c 117 s 5 are each reenacted and amended to read as follows:
(1)(a) Whenever
a 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
(i) 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 dependent parents or either of them, or if there are no dependent
parents or parent, then the death benefit shall be paid to the member's estate,
and (ii)(A) 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, (B) to a maximum total of two
thousand five hundred fifty dollars per month.
(b) Beginning on
July 1, 2001, and each July 1st thereafter, the compensation amount specified
in (a)(ii)(B) of this subsection shall be readjusted to reflect the percentage
change in the consumer price index, calculated as follows: The index for the
calendar year preceding the year in which the July calculation is made, to be
known as "calendar year A," is divided by the index for the calendar
year preceding calendar year A, and the resulting ratio is multiplied by the
compensation amount in effect on June 30th immediately preceding the July 1st
on which the respective calculation is made. For the purposes of this
subsection, "index" means the same as the definition in RCW
2.12.037(1).
(2) If the widow or
widower does not have legal custody of one or more dependent children of the
deceased participant or if, after the death of the 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 one thousand
two hundred seventy-five dollars per month shall be paid for the youngest or
only child together with an additional one hundred ten dollars per month for
each additional of such children to a maximum of two thousand 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 one
thousand two hundred 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 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
under this subsection the amount and value of the lump sum payment may be
agreed upon between the applicant and the state board.
NEW
SECTION. Sec. 3. 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.
