Washington Code 41.26.473 – Disabled in the line of duty — Continuation of service credit — Conditions
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Those members subject to this chapter who became disabled in the line of duty on or after July 1, 2002, and who received or are receiving benefits under Title 51 RCW or a similar federal workers’ compensation program shall receive or continue to receive service credit subject to the following:
Terms Used In Washington Code 41.26.473
- Department: means the department of retirement systems created in chapter 41. See Washington Code 41.26.030
- Director: means the director of the department. See Washington Code 41.26.030
- Employee: means any law enforcement officer or firefighter as defined in subsections (17) and (19) of this section. See Washington Code 41.26.030
- Member: means any firefighter, law enforcement officer, or other person as would apply under subsection (17) or (19) of this section whose membership is transferred to the Washington law enforcement officers' and firefighters' retirement system on or after March 1, 1970, and every law enforcement officer and firefighter who is employed in that capacity on or after such date. See Washington Code 41.26.030
(1) No member may receive more than one month’s service credit in a calendar month.
(2) No service credit under this section may be allowed after a member separates or is separated without leave of absence.
(3) Employer contributions shall be paid by the employer at the rate in effect for the period of the service credited.
(4) Employee contributions shall be collected by the employer and paid to the department at the rate in effect for the period of service credited.
(6) Contributions shall be based on the regular compensation which the member would have received had the disability not occurred. If contribution payments are made retroactively, interest shall be charged at the rate set by the director on both employee and employer contributions. Service credit shall not be granted until the employee contribution has been paid.
(7) The service and compensation credit shall not be granted for a period to exceed twenty-four consecutive months.
(8) This section does not abridge service credit rights granted in RCW 41.26.470(3). However, members receiving service credit under RCW 41.26.470(3) may not receive service credit under this section.
(9) Should the legislature revoke the service credit authorized under this section or repeal this section, no affected employee is entitled to receive the credit as a matter of contractual right.
[ 2007 c 49 § 1.]