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.
