AN ACT Relating to
reducing the law enforcement officers' and fire fighters' retirement system
plan 2 disability actuarial reduction age from fifty-five to fifty-three;
amending RCW 41.26.470 and 41.26.470; creating a new section; providing an
effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 41.26.470 and 1999 c
135 s 1 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)) fifty-three.
(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.
Sec. 2. RCW 41.26.470 and 2000 c
247 s 1104 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))
fifty-three.
(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 41.45.060 and 41.45.067.
(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.
3. Any member of the
retirement system that first received an allowance under RCW 41.26.470 after
September 1, 2000, that was actuarially reduced from age fifty-five shall have
their allowance recalculated to reflect an actuarial reduction from age
fifty-three.
NEW SECTION. Sec.
4. Section 1 of this act
expires March 1, 2002.
NEW
SECTION. Sec. 5. Section 2 of this act
takes effect March 1, 2002.
