SENATE BILL REPORT
HB 1328



As Reported By Senate Committee On:
Ways & Means, March 23, 2005

Title: An act relating to city and county disability boards.

Brief Description: Establishing the composition and jurisdiction of city and county disability boards.

Sponsors: Representatives Conway, Crouse, Simpson and Chase; by request of Select Committee on Pension Policy.

Brief History: Passed House: 2/28/05, 89-0.

Committee Activity: Ways & Means: 3/23/05 [DP].


SENATE COMMITTEE ON WAYS & MEANS

Majority Report: Do pass.Signed by Senators Prentice, Chair; Doumit, Vice Chair; Fraser, Vice Chair; Zarelli, Ranking Minority Member; Brandland, Fairley, Hewitt, Kohl-Welles, Parlette, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler and Thibaudeau.

Staff: Erik Sund (786-7454)

Background: The Law Enforcement Officers' and Fire Fighters' Retirement System Plan 1 (LEOFF 1) provides retirement and disability benefits to law enforcement officers and fire fighters who entered eligible employment between 1969 and 1977. Since 1977 eligible law enforcement officers and fire fighters have entered LEOFF 2.

Decisions on eligibility for LEOFF 1 disability and medical benefits, which may be granted for both duty and non duty-related causes, are made by city and county LEOFF 1 disability boards. In addition to disability benefits, LEOFF 1 is unique among the state retirement systems in that retiree benefits include coverage for all necessary medical services.

Each city with a population of 20,000 or more has a LEOFF 1 disability board and each county also has a disability board. The county boards have jurisdiction over LEOFF 1 members within each county who are not employed in a city that has its own disability board. The LEOFF 1 disability boards have five members. Under current law, one of the members of a county board must be a member of the legislative body of a city or town in the county that does not have its own board. Another member represents the legislative body of the county itself. The LEOFF 1 disability boards also have one member of the public appointed by the other members of the disability board, one active or retired fire fighter member representing fire fighters, and one active or retired law enforcement officer representing law enforcement officers. Elections are held for fire fighter and law enforcement officer-designated LEOFF 1 disability board positions. Only members of LEOFF 1 who are subject to the jurisdiction of a board are entitled to vote for board members, though LEOFF 2 members may serve on the board. In the event that there are no eligible law enforcement officers or no fire fighters to vote in a LEOFF 1 disability board election, then no representative of those members and retirees serve on the board, potentially reducing the total membership on the board to four.

Summary of Bill: To vote in a LEOFF 1 county disability board election, an active or retired member of LEOFF 1 must be employed or retired from an employer within the county. In the event that there are either no active or retired law enforcement officers or active or retired fire fighters eligible to vote in a LEOFF 1 disability board election, the active and retired LEOFF 1 members may vote for a second law enforcement officer or fire fighter representative, maintaining the total board membership at five.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: The bill contains an emergency clause and takes effect immediately.

Testimony For (on companion Senate Bill 5192): This bill clarifies the statutes governing the membership of county disability boards and provides the boards with the statutory flexibility needed to deal with certain membership shortages.

Testimony Against (on companion Senate Bill 5192): None.

Who Testified (on companion Senate Bill 5192): PRO: Senator Jerome Delvin, prime sponsor; Dick Warbrouck, Retired Fire Fighters of Washington.