§ 41.26.130 — Allowance on retirement for disability.

Washington § 41.26.130

• Jurisdiction: Washington
• Title 41: PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
• Ch. 41.26: LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' RETIREMENT SYSTEM

Text

(1) Upon retirement for disability a member shall be entitled to receive a monthly retirement allowance computed as follows: (a) A basic amount of fifty percent of final average salary at time of disability retirement, and (b) an additional five percent of final average salary for each child as defined in *RCW 41.26.030 (7), (c) the combined total of (a) and (b) of this subsection shall not exceed a maximum of sixty percent of final average salary.

(2) A disabled member shall begin receiving the disability retirement allowance as of the expiration of his or her six month period of disability leave or, if his or her application was filed after the sixth month of discontinuance of service but prior to the one year time limit, the member's disability retirement allowance shall be retroactive to the end of the sixth month.

(3) Benefits under this section will be payable until the member recovers from the disability or dies. If at the time that the disability ceases the member is over the age of fifty, he or she shall then receive either disability retirement allowance or retirement for service allowance, whichever is greater.

(4) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the member receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability.

(5) A member retired for disability shall be subject to periodic examinations by a physician approved by the disability board prior to attainment of age fifty, pursuant to rules adopted by the director under RCW 41.26.115 . Examinations of members who retired for disability prior to July 26, 1981, shall not exceed two medical examinations per year.

*Reviser's note: RCW 41.26.030 was alphabetized pursuant to RCW 1.08.015 (2)(k), changing subsection (7) to subsection (6).

Intent — 1991 c 35: See note following RCW 41.26.005 .

Intent — Severability — 1987 c 185: See notes following RCW 51.12.130 .

Severability — 1981 c 294: See note following RCW 41.26.115 .

Legislative History

[1991 c 35 s 20;1987 c 185 s 11;1981 c 294 s 3;1970 ex.s. c 6 s 8;1969 ex.s. c 209 s 13.]