HomeMy WebLinkAboutRCW for MemberTerms 8/15/22,2:12 PM RCW 41.26.110:Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.
PDF RCW 41.26.110
• Disability boards authorized—Composition—Terms—Reimbursement for travel
expenses—Duties.
(1)All claims for disability shall be acted upon and either approved or disapproved by either type
of disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or more shall establish a disability board
having jurisdiction over all members employed by those cities and composed of the following five
members: Two members of the city legislative body to be appointed by the mayor; one active or retired
firefighter employed by or retired from the city to be elected by the firefighters employed by or retired
from the city who are subject to the jurisdiction of the board; one active or retired law enforcement officer
employed by or retired from the city to be elected by the law enforcement officers employed by or retired
from the city who are subject to the jurisdiction of the board; and one member from the public at large
who resides within the city to be appointed by the other four members designated in this subsection.
Only those active or retired firefighters and law enforcement officers who are subject to the jurisdiction of
the board have the right to elect under this section. All firefighters and law enforcement officers
employed by or retired from the city are eligible for election. Each of the elected members shall serve a
two year term. If there are either no firefighters or law enforcement officers under the jurisdiction of the
board eligible to vote, a second eligible employee representative shall be elected by the law enforcement
officers or firefighters eligible to vote. The members appointed pursuant to this subsection shall serve for
two year terms: PROVIDED, That cities of the first class only, shall retain existing firefighters' pension
boards established pursuant to RCW 41.16.020 and existing boards of trustees of the relief and pension
fund of the police department as established pursuant to RCW 41.20.010 which such boards shall have
• authority to act upon and approve or disapprove claims for disability by firefighters or law enforcement
officers as provided under the Washington law enforcement officers' and firefighters' retirement system
act.
(b) If no eligible active or retired firefighter or law enforcement officer is willing or able to be
elected to the board under(a) of this subsection, then the following individuals may be elected to the
board under(a)of this subsection:
(i)Any active or retired firefighter under this chapter or chapters 41.16, 41.18, and 52.26 RCW or
law enforcement officers under this chapter or chapter 41.20 RCW who resides within the jurisdiction
served by the board;
(ii) The surviving spouse or domestic partner of a firefighter or law enforcement officer subject to
the jurisdiction of the board.
(c) Each county shall establish a disability board having jurisdiction over all members employed
by or retired from an employer within the county and not employed by a city in which a disability board is
established. The county disability board so created shall be composed of five members to be chosen as
follows: One member of the legislative body of the county to be appointed by the county legislative body;
one member of a city or town legislative body located within the county which does not contain a city
disability board established pursuant to (a) of this subsection to be chosen by a majority of the mayors of
such cities and towns within the county which does not contain a city disability board; one active
firefighter or retired firefighter employed by or retired from an employer within the county to be elected by
the firefighters employed or retired from an employer within the county who are subject to the jurisdiction
of that board; one law enforcement officer or retired law enforcement officer employed by or retired from
• an employer within the county to be elected by the law enforcement officers employed in or retired from
an employer within the county who are subject to the jurisdiction of that board; and one member from the
public at large who resides within the county but does not reside within a city in which a city disability
board is established, to be appointed by the other four members designated in this subsection. However,
in counties with a population less than sixty thousand, the member of the disability board appointed by a
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8/15/22,2:12 PM RCW 41.26.110:Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.
majority of the mayors of the cities and towns within the county that do not contain a city disability board
must be a resident of one of the cities and towns but need not be a member of a city or town legislative
body. Only those active or retired firefighters and law enforcement officers who are subject to the
jurisdiction of the board have the right to elect under this section. All firefighters and law enforcement •
officers employed by or retired from an employer within the county are eligible for election. All members
appointed or elected pursuant to this subsection shall serve for two year terms. If there are no firefighters
under the jurisdiction of the board eligible to vote, a second eligible employee representative shall be
elected by the law enforcement officers eligible to vote. If there are no law enforcement officers under the
jurisdiction of the board eligible to vote, a second eligible representative shall be elected by the
firefighters eligible to vote.
(d) If no eligible active or retired firefighter or law enforcement officer is willing or able to be
elected to the board under(c) of this subsection, then the following individuals may be elected to the
board under (c)of this subsection:
(i)Any active or retired firefighter under this chapter or chapters 41.16, 41.18, and 52.26 RCW or
law enforcement officers under this chapter or chapter 41.20 RCW who resides within the jurisdiction
served by the board;
(ii) The surviving spouse or domestic partner of a firefighter or law enforcement officer subject to
the jurisdiction of the board.
(2) The members of both the county and city disability boards shall not receive compensation for
their service upon the boards but the members shall be reimbursed by their respective county or city for
all expenses incidental to such service as to the amount authorized by law.
(3) The disability boards authorized for establishment by this section shall perform all functions,
exercise all powers, and make all such determinations as specified in this chapter.
[ 2020 c 107 § 7. Prior: 2013 c 213 § 1; 2013 c 23 § 69; 2005 c 66 § 1; 2003 c 30 § 3; 2000 c 234 § 1;
1988 c 164 § 1; 1982 c 12 § 1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969 ex.s. c 219 § 3; 1969 •
ex.s. c 209 § 11.]
NOTES:
Effective date-2005 c 66: "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 [April 15, 2005]." [2005 c 66 § 2.]
Severability-1974 ex.s. c 120: See note following RCW 41.26.030.
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8/15/22,2:12 PM Chapter 41.26 RCW:LAW ENFORCEMENT OFFICERS'AND FIREFIGHTERS'RETIREMENT SYSTEM
Complete Chapter HTML PDF I RCW Dispositions
• Chapter 41.26 RCW
LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' RETIREMENT SYSTEM
Sections
"PROVISIONS APPLICABLE TO PLAN 1 AND PLAN 2"
HTML PDF 41.26.005 Provisions applicable to "plan 1" and "plan 2."
HTML PDF 41.26.010 Short title.
HTML PDF 41.26.020 Purpose of chapter.
HTML PDF 41.26.030 Definitions.
HTML PDF 41.26.035 "Minimum medical and health standards" defined.
HTML PDF 41.26.040 System created—Membership—Funds.
HTML PDF 41.26.045 Minimum medical and health standards.
• HTML PDF 41.26.046 Minimum medical and health standards—Board to adopt—Publication
and distribution—Employer certification procedures.
HTML PDF 41.26.047 Minimum medical and health standards—Exemptions—Employer may
adopt higher standards.
HTML PDF 41.26.048 Special death benefit—Death in the course of employment—Death from
disease or infection arising from employment—Annual adjustment.
HTML PDF 41.26.053 Exemption from judicial process, taxes—Exceptions—Deduction for
insurance upon request.
HTML PDF 41.26.056 No bond required on appeal to court.
HTML PDF 41.26.057 Benefit calculation—Limitation.
HTML PDF 41.26.059 Establishing, restoring service credit.
HTML PDF 41.26.061 Disability retirement—Criminal conduct.
HTML PDF 41.26.062 Falsification—Penalty.
"PLAN 1"
HTML PDF 41.26.075 Provisions applicable to plan 1.
• HTML PDF 41.26.080 Funding total liability of plan 1 system.
HTML PDF 41.26.090 Retirement for service.
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8/15/22,2:12 PM Chapter 41.26 RCW:LAW ENFORCEMENT OFFICERS'AND FIREFIGHTERS'RETIREMENT SYSTEM
HTML PDF 41.26.100 Allowance on retirement for service.
HTML PDF 41.26.105 Purchase of actuarially equivalent life annuity benefit upon retirement—
Purchase by past retirees. .
HTML PDF 41.26.110 Disability boards authorized—Composition—Terms—Reimbursement
for travel expenses—Duties.
HTML PDF 41.26.115 Director of retirement systems to adopt rules governing disability boards
—Remand of orders not in accordance with rules.
HTML PDF 41.26.120 Retirement for disability incurred in the line of duty.
HTML PDF 41.26.125 Retirement for disability not incurred in the line of duty.
HTML PDF 41.26.130 Allowance on retirement for disability.
HTML PDF 41.26.135 Cessation of disability—Determination.
HTML PDF 41.26.140 Reexaminations of disability beneficiaries—Reentry—Appeal.
HTML PDF 41.26.150 Sickness or disability benefits—Medical services.
HTML PDF 41.26.160 Death benefits—Duty or military service connected.
HTML PDF 41.26.161 Death benefits—Nonduty connected.
HTML PDF 41.26.162 Ex spouse qualifying as surviving spouse. •
HTML PDF 41.26.164 Optional reduced retirement allowance—Continues for spouse
otherwise ineligible for survivor benefits.
HTML PDF 41.26.170 Refund of contributions on discontinuance of service—Reentry.
HTML PDF 41.26.190 Credit for military service.
HTML PDF 41.26.192 Credit for service under prior pension system—Restoration of withdrawn
contributions.
HTML PDF 41.26.194 Credit for service under prior pension system—Service not covered
under prior system.
HTML PDF 41.26.195 Transfer of service credit from other retirement system—Irrevocable
election allowed.
HTML PDF 41.26.197 Service credit for paid leave of absence—Application to elected officials
of labor organizations.
HTML PDF 41.26.199 Purchase of additional service credit—Costs—Rules.
HTML PDF 41.26.200 Appeal to director of retirement systems.
HTML PDF 41.26.211 Notice for hearing required prior to petitioning for judicial review. •
HTML PDF 41.26.221 Hearing—Conduct.
41.26.240 Increases or decreases in retirement allowances to be determined by
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8/15/22,2:12 PM Chapter 41.26 RCW:LAW ENFORCEMENT OFFICERS'AND FIREFIGHTERS'RETIREMENT SYSTEM
HTML PDF department in accordance with consumer price index.
HTML PDF 41.26.250 Increase in presently payable benefits for service or disability
authorized.•
HTML PDF 41.26.260 Increase in certain presently payable death benefits authorized.
HTML PDF 41.26.270 Declaration of policy respecting benefits for injury or death—Civil
actions abolished.
HTML PDF 41.26.281 Cause of action for injury or death, when.
HTML PDF 41.26.291 Lump sum defined benefit—Payable January 31, 2023.
HTML PDF 41.26.3901 Severability-1969 ex.s. c 209.
HTML PDF 41.26.3902 Act to control inconsistencies.
HTML PDF 41.26.3903 Effective date-1969 ex.s. c 209.
"PLAN 2"
HTML PDF 41.26.410 Provisions applicable to plan 2.
HTML PDF 41.26.420 Computation of the retirement allowance.
HTML PDF 41.26.425 Lump sum retirement allowance—Reentry—Conditions for
• - reinstatement of service.
HTML PDF 41.26.430 Retirement for service.
HTML PDF 41.26.432 Additional service credit purchase—Rules.
HTML PDF 41.26.435 Transfer of service credit from other retirement system—Enforcement
officer for department of fish and wildlife.
HTML PDF 41.26.436 Transfer of service credit from other retirement system—Firefighter
serving at a prison or civil commitment center on an island.
HTML PDF 41.26.440 Post-retirement cost-of-living.
HTML PDF 41.26.450 Port districts and institutions of higher education—Employer and state
contributions—Recovery of contributions.
HTML PDF 41.26.460 Options for payment of retirement allowances—Retirement allowance
adjustment—Court-approved property settlement.
HTML PDF 41.26.463 Optional actuarially equivalent life annuity benefit—Rules—Definition.
HTML PDF 41.26.470 Earned disability allowance—Cancellation of allowance—Reentry—
Receipt of service credit while disabled—Conditions—Disposition
upon death of recipient—Disabled in the line of duty—Total disability
• —Reimbursement for certain payments—Disabled while providing
emergency management services.
HTML PDF 41.26.473 Disabled in the line of duty—Continuation of service credit—Conditions.
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8/15/22,2:12 PM Chapter 41.26 RCW:LAW ENFORCEMENT OFFICERS'AND FIREFIGHTERS'RETIREMENT SYSTEM
HTML PDF 41.26.476 Use of shared leave—Impact on calculation of service credit and final
average salary.
HTML PDF 41.26.480 Industrial insurance.
•HTML PDF 41.26.490 Application for and effective date of retirement allowances.
HTML PDF 41.26.500 Suspension of retirement allowance upon reemployment—
Reinstatement—Option to enter into membership.
HTML PDF 41.26.510 Death benefits.
HTML PDF 41.26.520 Service credit for paid leave of absence, officers of labor organizations,
unpaid leave of absence, military service, death or disability while
providing emergency management services.
HTML PDF 41.26.530 Vested membership.
HTML PDF 41.26.540 Refund of contributions on termination.
HTML PDF 41.26.545 Emergency medical technicians—Establishing service credit—Dates—
Process—Contributions.
HTML PDF 41.26.546 Emergency medical technicians—Member elects to transfer under RCW
41.26.545—Death—Retirement for disability.
HTML PDF 41.26.547 Emergency medical technicians—Job relocation—Retirement options.
HTML PDF 41.26.550 Reentry.
•
HTML PDF 41.26.555 Lump sum defined benefit—Payable January 31, 2023.
"PLAN 2 GOVERNANCE"
HTML PDF 41.26.700 Overview—Intent.
HTML PDF 41.26.705 Intent-2003 c 2.
HTML PDF 41.26.710 Definitions.
HTML PDF 41.26.715 Board of trustees—Created—Selection of trustees—Terms of office—
Vacancies.
HTML PDF 41.26.7151 Board of trustees—Political party representation.
HTML PDF 41.26.717 Additional duties and powers of board.
HTML PDF 41.26.720 Board of trustees—Powers—Meeting procedures—Quorum—Judicial
review—Budget.
HTML PDF 41.26.725 Board of trustees—Contributions—Minimum and increased benefits.
HTML PDF 41.26.730 Joint committee on pension policy—Pension funding council. •
HTML PDF 41.26.732 Plan 2 expense fund—Board oversight and administration—State
investment board.
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8/15/22,2:12 PM Chapter 41.26 RCW:LAW ENFORCEMENT OFFICERS'AND FIREFIGHTERS'RETIREMENT SYSTEM
HTML PDF 41.26.735 Asset management.
HTML PDF 41.26.740 Reimbursement for expenses.
• HTML PDF 41.26.802 Local law enforcement officers' and firefighters' retirement system
benefits improvement account—Transfers.
HTML PDF 41.26.805 Local law enforcement officers' and firefighters' retirement system
benefits improvement account—Creation—Use—Administration—
Investments.
HTML PDF 41.26.904 Effective date-2003 c 2 (Initiative Measure No. 790).
HTML PDF 41.26.906 Effective date-2003 c 92.
HTML PDF 41.26.921 Effective date-1977 ex.s. c 294.
HTML PDF 41.26.922 Construction—Chapter applicable to state registered domestic
partnerships-2009 c 521.
NOTES:
Reviser's note: Throughout chapter 41.26 RCW, the phrase "this act" has been changed to
"this chapter." 1969 ex.s. c 209 consists of this chapter and RCW 41.16.145, 41.18.010, 41.18.040,
41.18.045, 41.18.060, 41.18.100, 41.18.102, 41.18.104, 41.18.130, 41.18.190, 41.20.005, 41.20.085,
41.20.170, 41.20.050, and 41.20.060.
•
Numerical designations-1998 c 341: "(1) The legislature declares that changing the
numerical designation of the different retirement plans within the retirement systems from Roman
numerals to Arabic numerals is of no substantive importance.
(2) The code reviser, under RCW 1.08.025, is directed to change the numerical designation of
the retirement plans as follows:
(a)Where "I" is used, replace with "1";
(b)Where "II" is used, replace with "2"; and
(c)Where "Ill" is used, replace with "3."" [1998 c 341 § 709.] This section takes effect
September 1, 2000.
Emergency medical technician or first aid vehicle operator prohibited from joining system solely on basis
of such service: RCW 41.24.050.
•
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8/15/22,2:13 PM RCW 41.26.115:Director of retirement systems to adopt rules governing disability boards—Remand of orders not in accordance...
PDF RCW 41.26.115
Director of retirement systems to adopt rules governing disability boards—
Remand of orders not in accordance with rules.
(1)The director of retirement systems shall adopt rules, in accordance with chapter 34.05 RCW,
under which each disability board shall execute its disability retirement duties under this chapter. The
rules shall include, but not be limited to, the following:
(a) Standards governing the type and manner of presentation of medical, employability, and other
evidence before disability boards; and
(b) Standards governing the necessity and frequency of medical and employability
reexaminations of persons receiving disability benefits.
(2) If the director determines that an order or determination of a disability board was not
processed in accordance with the rules established under this section, the director may remand the
order or determination for further proceedings consistent with the rules.
[ 1981 c 294 § 1.]
NOTES:
Severability-1981 c 294: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other persons •
or circumstances is not affected." [ 1981 c 294 § 16.]
4111
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r
�-. '
Title 41 RCW: Public Employmet
yment, Civil Service and Pensions
p„ ,Seerability-1971 ex.s.c 257: See notes following RCW the boards but said members shall be reimbursed by their
respective county or city for all expenses incidental to such
41.26.030. u. service as to the amount authorized by law.
41.26.110 City and county disability boards autho- 1 (3) The disability boards authorized for establishment by
rived---Composition—Terms—Reimbursement for travel 'i this section shall perform all functions, exercise all powers,
expenses—Duties. (1) All claims for
disability
eitheryp shall
te [1988 c�164 § 1 e all such 1982determination as c 12 § 1 S 1974 specified
c in this
t§ 9; 1970
c acted upon and either approved or disapproved by
a of disability board hereafter authorized to be created. ex.s. c 6 § 6; 1969 ex.s. c 219 § 3; 1969 ex.s. c 209 § 1 I.]
d (a)Each city having a population of twenty thousand or Severabil ty-1974 ex.s.c 120: See note following RCW 41.26.030.
el
° more shall establish a disability board having jurisdiction
c541.26.115 Director of retirement systems to adopt
over all members employed by said cities and composed of
the following five members: Two members of the city .,^ 1 rules governing disability boards—Remand of orders not
2 PP
legislative body to be appointed by the mayor, one active or s I in accordance with rules. (1) The director of retirement
retired fire fighter to be elected by the fire fighters employed systems shall adopt rules, in accordance with chapter 34.05
us RCW, under which each disability board shall execute its
h, by or retired from the city, one active or retired law enforce- disability retirement duties under this chapter. The rules
is employedment officer to be elected by the law enforcement
emember officers
rom * shall include, but not be limited to, the following:
by or retired from the city andg
ateate the public at large who resides within the city to be appoint- -.: (a) Standards governing the type and manner of presen-
ecc ed by the other four members heretofore designated in this k ` tation of medical, employability, and other evidence before
subsection. Retired members who are subject to the jurisdic (;: disability boards; and
12 tion of the board have both the right to elect and the right to �.,, (b) Standards governing the necessity and frequency of
be elected under this section. Each of the elected members u? medical and employability reexaminations of persons
2w shall serve a two year term. The members appointed receiving disability benefits.
pursuant to this subsection shall serve for two year terms: (2)If the director determines that an order or determina-
PROVIDED, That cities of the first class only, shall retain tion of a disability board was not processed in accordance
)30. existing firemen's pension boards established pursuant to with the rules established under this section,the director may
cw RCW 41.16.020 and existing boards of trustees of the relief remand the order or determination for further proceedings
and pension fund of the police department as established consistent with the rules. [1981 c 294 § 1.]
pursuant to RCW 41.20.010 which such boards shall have Severability-1981 c 294: "If any provision of this act or its
A authority to act upon and approve or disapprove claims for application to any person or circumstance is held invalid,the remainder of
thly disability by fire fighters or law enforcement officers as the act or the application of the provision to other persons or circumstances
her provided under the Washington law enforcement officers'
is not affected." [1981 c 294§ 16.]
e as and fire fighters' retirement system act.
one (b) Each county shall establish a disability board having 41.26.120 Retirement for disability incurred in the
h of jurisdiction over all members residing in the county and not line of duty. Any member, regardless of age or years of
one employed by a city in which a disability board is established. service may be retired by the disability board, subject to
for The county disability board so created shall be composed of approval by the director as hereinafter provided, for any
one- five members to be chosen as follows: One member of the disability incurred in the line of duty which has been
I y for legislative body of the county to be appointed by the county continuous since his or her discontinuance of service and
nt of legislative body, one member of a city or town legislative which renders the member unable to continue service. No
1 law body located within the county which does not contain a city disabilityretirement of allosix ancese shallafter the be paiddisc until the 1
ed to disability board established pursuant to subsection (1)( ) expirationof period
tr she this section to be chosen by a majority of the mayors of such of service during which period the member, if found to be
ment cities and towns within the county which does not contain a physically or mentally unfit for duty by the disability board
of the city disability board,one fire fighter or retired fire fighter to following receipt of his or her application for disability
ended be elected by the fire fighters employed or retired in the retirement,shall be granted a disability leave by the disabili-
he or county who are not employed by or retired from a city in ty board and shall receive an allowance equal to the full
:redit. which a disability board is established, one law enforcement monthly salary and shall continue to receive all other
at any officer or retired law enforcement officer to be elected by benefits provided to active employees from the employer for
all be the law enforcement officers employed in or retired from the such mont period.perio the disability However, ii, t any
fine me duringe enefc the iiary is no
siz-
e ren- county who are not employed by or retired from a city
TIDED which a disability board is established, and one member longer disabled,d the the
e disability
lebe vestoe d allowancet duty shall
llintbe
be
cant to from the public at large who resides within the county
salary, does not reside within a city in which a city disability board same rank or position, if any, held by the beneficiary at the
rtue of is established, to be appointed by the other four members time the member became disabled. Applications for disabili-
1 c 343 heretofore designated in this subsection. Retired members ty retirementig pro shall be processed in accordance with the
71 ex.s. who are subject to the jurisdiction of the board have both
the).]
(I) Any member who believes he or she is or is
right to elect and the right to be elected under this section.
ingRCW All members appointed or elected pursuant to this subsection believed to be physically or mentally disabled shall be
examined by such medical authority as the disability board
shall serve for two year terms.
i1.26.030. (2)The members of both the county and city disabili
)1.26.030. boards shall not receive compensation for their service upon Shall g em lhy,s o�herppli behalf, stating of width t be
m mbef is
(1992 EL) �'�''11992 Ed.)