BILL REQ. #: Z-0374.3
_____________________________________________
SENATE BILL 5353
_____________________________________________| State of Washington | 62nd Legislature | 2011 Regular Session |
By Senators Conway, Delvin, Kilmer, and McAuliffe; by request of Law Enforcement Officers and Fire Fighters' Plan 2 Retirement BoardRead first time 01/21/11. Referred to Committee on Ways & Means.
AN ACT Relating to the benefits of a surviving spouse of a member
of the law enforcement officers' and firefighters' retirement system or
Washington state patrol retirement system; and amending RCW 51.32.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.32.050 and 2010 c 261 s 3 are each amended to read
as follows:
(1) Where death results from the injury the expenses of burial not
to exceed two hundred percent of the average monthly wage in the state
as defined in RCW 51.08.018 shall be paid.
(2)(a) Where death results from the injury, a surviving spouse of
a deceased worker eligible for benefits under this title shall receive
monthly for life or until remarriage payments according to the
following schedule:
(i) If there are no children of the deceased worker, sixty percent
of the wages of the deceased worker;
(ii) If there is one child of the deceased worker and in the legal
custody of such spouse, sixty-two percent of the wages of the deceased
worker;
(iii) If there are two children of the deceased worker and in the
legal custody of such spouse, sixty-four percent of the wages of the
deceased worker;
(iv) If there are three children of the deceased worker and in the
legal custody of such spouse, sixty-six percent of the wages of the
deceased worker;
(v) If there are four children of the deceased worker and in the
legal custody of such spouse, sixty-eight percent of the wages of the
deceased worker; or
(vi) If there are five or more children of the deceased worker and
in the legal custody of such spouse, seventy percent of the wages of
the deceased worker.
(b) A surviving spouse of a member of the law enforcement officers'
and firefighters' retirement system under chapter 41.26 RCW, or the
state patrol retirement system under chapter 43.43 RCW, who is entitled
to benefits under this section must continue to receive benefits under
this section monthly for life.
(c) Where the surviving spouse does not have legal custody of any
child or children of the deceased worker or where after the death of
the worker legal custody of such child or children passes from such
surviving spouse to another, any payment on account of such child or
children not in the legal custody of the surviving spouse shall be made
to the person or persons having legal custody of such child or
children. The amount of such payments shall be five percent of the
monthly benefits payable as a result of the worker's death for each
such child but such payments shall not exceed twenty-five percent.
Such payments on account of such child or children shall be subtracted
from the amount to which such surviving spouse would have been entitled
had such surviving spouse had legal custody of all of the children and
the surviving spouse shall receive the remainder after such payments on
account of such child or children have been subtracted. Such payments
on account of a child or children not in the legal custody of such
surviving spouse shall be apportioned equally among such children.
(((c))) (d) Except as provided in (b) of this subsection, payments
to the surviving spouse of the deceased worker shall cease at the end
of the month in which remarriage occurs: PROVIDED, That a monthly
payment shall be made to the child or children of the deceased worker
from the month following such remarriage in a sum equal to five percent
of the wages of the deceased worker for one child and a sum equal to
five percent for each additional child up to a maximum of five such
children. Payments to such child or children shall be apportioned
equally among such children. Such sum shall be in place of any
payments theretofore made for the benefit of or on account of any such
child or children. If the surviving spouse does not have legal custody
of any child or children of the deceased worker, or if after the death
of the worker, legal custody of such child or children passes from such
surviving spouse to another, any payment on account of such child or
children not in the legal custody of the surviving spouse shall be made
to the person or persons having legal custody of such child or
children.
(((d))) (e) In no event shall the monthly payments provided in this
subsection (2) ((of this section)):
(i) Exceed the applicable percentage of the average monthly wage in
the state as computed under RCW 51.08.018 as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
(ii) For dates of injury or disease manifestation after July 1,
2008, be less than fifteen percent of the average monthly wage in the
state as computed under RCW 51.08.018 plus an additional ten dollars
per month for a surviving spouse and an additional ten dollars per
month for each child of the worker up to a maximum of five children.
However, if the monthly payment computed under this subsection
(2)(((d))) (e)(ii) is greater than one hundred percent of the wages of
the deceased worker as determined under RCW 51.08.178, the monthly
payment due to the surviving spouse shall be equal to the greater of
the monthly wages of the deceased worker or the minimum benefit set
forth in this section on June 30, 2008.
(((e))) (f) In addition to the monthly payments provided for in
((subsection (2)))(a) through (((c))) (d) of this subsection, a
surviving spouse or child or children of such worker if there is no
surviving spouse, or dependent parent or parents, if there is no
surviving spouse or child or children of any such deceased worker shall
be forthwith paid a sum equal to one hundred percent of the average
monthly wage in the state as defined in RCW 51.08.018, any such
children, or parents to share and share alike in said sum.
(((f))) (g) Upon remarriage of a surviving spouse the monthly
payments for the child or children shall continue as provided in this
section, but the monthly payments to such surviving spouse shall cease
at the end of the month during which remarriage occurs. However, after
September 8, 1975, an otherwise eligible surviving spouse of a worker
who died at any time prior to or after September 8, 1975, shall have an
option of:
(i)(A) Receiving, once and for all, a lump sum of twenty-four times
the monthly compensation rate in effect on the date of remarriage
allocable to the spouse for himself or herself pursuant to ((subsection
(2)))(a)(i) of this subsection and subject to any modifications
specified under ((subsection (2)(d))) (e) of this subsection and RCW
51.32.075(3) or fifty percent of the then remaining annuity value of
his or her pension, whichever is the lesser: PROVIDED, That if the
injury occurred prior to July 28, 1991, the remarriage benefit lump sum
available shall be as provided in the remarriage benefit schedules then
in effect;
(B) If a surviving spouse is the surviving spouse of a member of
the law enforcement officers' and firefighters' retirement system under
chapter 41.26 RCW or the state patrol retirement system under chapter
43.43 RCW, the surviving spouse may receive a lump sum of thirty-six
times the monthly compensation rate in effect on the date of remarriage
allocable to the spouse for himself or herself pursuant to ((subsection
(2)))(a)(i) of this subsection and RCW 51.32.075(3) or fifty percent of
the remaining annuity value of his or her pension provided under this
chapter, whichever is the lesser: PROVIDED, That if the injury
occurred prior to July 28, 1991, the lump sum benefit shall be as
provided in the remarriage benefit schedules then in effect; or
(ii) If a surviving spouse does not choose the option specified in
((subsection (2)(f))) (g)(i) of this subsection to accept the lump sum
payment, the remarriage of the surviving spouse of a worker shall not
bar him or her from claiming the lump sum payment authorized in
((subsection (2)(f))) (g)(i) of this subsection during the life of the
remarriage, or shall not prevent subsequent monthly payments to him or
to her if the remarriage has been terminated by death or has been
dissolved or annulled by valid court decree provided he or she has not
previously accepted the lump sum payment.
(((g))) (h) If the surviving spouse during the remarriage should
die without having previously received the lump sum payment provided in
((subsection (2)(f))) (g)(i) of this subsection, his or her estate
shall be entitled to receive the sum specified under ((subsection
(2)(f))) (g)(i) of this subsection or fifty percent of the then
remaining annuity value of his or her pension whichever is the lesser.
(((h))) (i) The effective date of resumption of payments under
((subsection (2)(f))) (g)(ii) of this subsection to a surviving spouse
based upon termination of a remarriage by death, annulment, or
dissolution shall be the date of the death or the date the judicial
decree of annulment or dissolution becomes final and when application
for the payments has been received.
(((i))) (j) If it should be necessary to increase the reserves in
the reserve fund or to create a new pension reserve fund as a result of
the amendments in chapter 45, Laws of 1975-'76 2nd ex. sess., the
amount of such increase in pension reserve in any such case shall be
transferred to the reserve fund from the supplemental pension fund.
(k) After the effective date of this section, the monthly payments
to such surviving spouse of a member of the law enforcement officers'
and firefighters' retirement system under chapter 41.26 RCW, or the
state patrol retirement system under chapter 43.43 RCW, shall resume
regardless of remarriage.
(3) If there is a child or children and no surviving spouse of the
deceased worker or the surviving spouse is not eligible for benefits
under this title, a sum equal to thirty-five percent of the wages of
the deceased worker shall be paid monthly for one child and a sum
equivalent to fifteen percent of such wage shall be paid monthly for
each additional child, the total of such sum to be divided among such
children, share and share alike: PROVIDED, That benefits under this
subsection or subsection (4) of this section shall not exceed the
lesser of sixty-five percent of the wages of the deceased worker at the
time of his or her death or the applicable percentage of the average
monthly wage in the state as defined in RCW 51.08.018, as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
(4) In the event a surviving spouse receiving monthly payments
dies, the child or children of the deceased worker shall receive the
same payment as provided in subsection (3) of this section.
(5) If the worker leaves no surviving spouse or child, but leaves
a dependent or dependents, a monthly payment shall be made to each
dependent equal to fifty percent of the average monthly support
actually received by such dependent from the worker during the twelve
months next preceding the occurrence of the injury, but the total
payment to all dependents in any case shall not exceed the lesser of
sixty-five percent of the wages of the deceased worker at the time of
his or her death or the applicable percentage of the average monthly
wage in the state as defined in RCW 51.08.018 as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
If any dependent is under the age of eighteen years at the time of
the occurrence of the injury, the payment to such dependent shall cease
when such dependent reaches the age of eighteen years except such
payments shall continue until the dependent reaches age twenty-three
while permanently enrolled at a full time course in an accredited
school. The payment to any dependent shall cease if and when, under
the same circumstances, the necessity creating the dependency would
have ceased if the injury had not happened.
(6) For claims filed prior to July 1, 1986, if the injured worker
dies during the period of permanent total disability, whatever the
cause of death, leaving a surviving spouse, or child, or children, the
surviving spouse or child or children shall receive benefits as if
death resulted from the injury as provided in subsections (2) through
(4) of this section. Upon remarriage or death of such surviving
spouse, the payments to such child or children shall be made as
provided in subsection (2) of this section when the surviving spouse of
a deceased worker remarries.
(7) For claims filed on or after July 1, 1986, every worker who
becomes eligible for permanent total disability benefits shall elect an
option as provided in RCW 51.32.067.
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