Washington Code 41.40.220 – Allowance on retirement for duty disability — Before sixty
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Upon retirement for disability, as provided in RCW 41.40.200, a member who has not attained age sixty shall receive the following benefits, subject to the provisions of RCW 41.40.310 and 41.40.320:
Terms Used In Washington Code 41.40.220
- Accumulated contributions: means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41. See Washington Code 41.40.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Department: means the department of retirement systems created in chapter 41. See Washington Code 41.40.010
- Final compensation: means the annual rate of compensation earnable by a member at the time of termination of employment. See Washington Code 41.40.010
- Member: means any employee included in the membership of the retirement system, as provided for in RCW 41. See Washington Code 41.40.010
- Membership service: means :
Washington Code 41.40.010Pension: means payments for life derived from contributions made by the employer. See Washington Code 41.40.010 person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Retirement: means withdrawal from active service with a retirement allowance as provided by this chapter. See Washington Code 41.40.010 Retirement allowance: means the sum of the annuity and the pension. See Washington Code 41.40.010
(1) A disability retirement pension of two-thirds of his or her average final compensation to his or her attainment of age sixty, subject to the provisions of RCW 41.40.310. The disability retirement pension provided by the employer shall not exceed forty-two hundred dollars per annum, and
(2) Upon attainment of age sixty, the disabled member shall receive a service retirement allowance as provided in RCW 41.40.210. The department shall grant the disabled member membership service for the period of time prior to age sixty he or she was out of such service due to disability.
(3) During the period a disabled member is receiving a disability pension, as provided for in subsection (1) of this section, his or her contributions to the employees’ savings fund shall be suspended and his or her balance in the employees’ savings fund, standing to his or her credit as of the date his or her disability pension is to begin, shall remain in the employees’ savings fund. If the disabled member should die before attaining age sixty, while a disability beneficiary, upon receipt by the department of proper proof of death, the member’s accumulated contributions standing to his or her credit in the employees’ savings fund, shall be paid to the member’s estate, or such person or persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the department. If there is no designated person or persons still living at the time of the member’s death, the accumulated contributions standing to the member’s credit in the employees’ savings fund shall be paid to his or her surviving spouse, or if there is no surviving spouse, then to the member’s legal representative.
[ 1995 c 144 § 2; 1991 c 35 § 81; 1972 ex.s. c 151 § 9; 1971 ex.s. c 271 § 8; 1961 c 291 § 7; 1953 c 200 § 12; 1949 c 240 § 16; 1947 c 274 § 23; Rem. Supp. 1949 § 11072-23.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1971 ex.s. c 271: See note following RCW 41.32.260.