RCW 41.26.135
Cessation of disability—Determination.
(1) A disabled member who believes that his or her disability has ceased in accordance with RCW 41.26.130(3) may make application to the disability board which originally found the member to be disabled, for a determination that the disability has ceased.
(2) Every order of a disability board determining that a member's disability has ceased pursuant to RCW 41.26.130(3) shall forthwith be reviewed by the director. The director may affirm the decision of the disability board or remand the case for further proceedings if the director finds the disability board's findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of the disability board; or
(c) Made upon unlawful procedure; or
(d) Affected by other error of law; or
(e) Clearly erroneous in view of the entire record as submitted and the public policy contained in this chapter; or
(f) Arbitrary or capricious.
(3) Determinations of whether a disability has ceased under RCW 41.26.130(3) and this section shall be made in accordance with the same procedures and standards governing other cancellations of disability retirement.
[ 1985 c 103 § 1.]
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.26 - Law Enforcement Officers' and Firefighters' Retirement System.
41.26.005 - Provisions applicable to "plan 1" and "plan 2."
41.26.020 - Purpose of chapter.
41.26.035 - "Minimum medical and health standards" defined.
41.26.040 - System created—Membership—Funds.
41.26.045 - Minimum medical and health standards.
41.26.047 - Minimum medical and health standards—Exemptions—Employer may adopt higher standards.
41.26.053 - Exemption from judicial process, taxes—Exceptions—Deduction for insurance upon request.
41.26.056 - No bond required on appeal to court.
41.26.057 - Benefit calculation—Limitation.
41.26.059 - Establishing, restoring service credit.
41.26.061 - Disability retirement—Criminal conduct.
41.26.062 - Falsification—Penalty.
41.26.075 - Provisions applicable to plan 1.
41.26.080 - Funding total liability of plan 1 system.
41.26.090 - Retirement for service.
41.26.100 - Allowance on retirement for service.
41.26.110 - Disability boards authorized—Composition—Terms—Reimbursement for travel expenses—Duties.
41.26.120 - Retirement for disability incurred in the line of duty.
41.26.125 - Retirement for disability not incurred in the line of duty.
41.26.130 - Allowance on retirement for disability.
41.26.135 - Cessation of disability—Determination.
41.26.140 - Reexaminations of disability beneficiaries—Reentry—Appeal.
41.26.150 - Sickness or disability benefits—Medical services.
41.26.160 - Death benefits—Duty or military service connected.
41.26.161 - Death benefits—Nonduty connected.
41.26.162 - Ex spouse qualifying as surviving spouse.
41.26.170 - Refund of contributions on discontinuance of service—Reentry.
41.26.190 - Credit for military service.
41.26.192 - Credit for service under prior pension system—Restoration of withdrawn contributions.
41.26.194 - Credit for service under prior pension system—Service not covered under prior system.
41.26.195 - Transfer of service credit from other retirement system—Irrevocable election allowed.
41.26.199 - Purchase of additional service credit—Costs—Rules.
41.26.200 - Appeal to director of retirement systems.
41.26.211 - Notice for hearing required prior to petitioning for judicial review.
41.26.250 - Increase in presently payable benefits for service or disability authorized.
41.26.260 - Increase in certain presently payable death benefits authorized.
41.26.270 - Declaration of policy respecting benefits for injury or death—Civil actions abolished.
41.26.281 - Cause of action for injury or death, when.
41.26.291 - Lump sum defined benefit—Payable January 31, 2023.
41.26.3901 - Severability—1969 ex.s. c 209.
41.26.3902 - Act to control inconsistencies.
41.26.3903 - Effective date—1969 ex.s. c 209.
41.26.410 - Provisions applicable to plan 2.
41.26.420 - Computation of the retirement allowance.
41.26.425 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.26.430 - Retirement for service.
41.26.432 - Additional service credit purchase—Rules.
41.26.440 - Post-retirement cost-of-living.
41.26.463 - Optional actuarially equivalent life annuity benefit—Rules—Definition.
41.26.473 - Disabled in the line of duty—Continuation of service credit—Conditions.
41.26.476 - Use of shared leave—Impact on calculation of service credit and final average salary.
41.26.480 - Industrial insurance.
41.26.490 - Application for and effective date of retirement allowances.
41.26.530 - Vested membership.
41.26.540 - Refund of contributions on termination.
41.26.545 - Emergency medical technicians—Establishing service credit—Dates—Process—Contributions.
41.26.547 - Emergency medical technicians—Job relocation—Retirement options.
41.26.555 - Lump sum defined benefit—Payable January 31, 2023.
41.26.715 - Board of trustees—Created—Selection of trustees—Terms of office—Vacancies.
41.26.7151 - Board of trustees—Political party representation.
41.26.717 - Additional duties and powers of board.
41.26.720 - Board of trustees—Powers—Meeting procedures—Quorum—Judicial review—Budget.
41.26.725 - Board of trustees—Contributions—Minimum and increased benefits.
41.26.730 - Joint committee on pension policy—Pension funding council.
41.26.732 - Plan 2 expense fund—Board oversight and administration—State investment board.
41.26.740 - Reimbursement for expenses.
41.26.904 - Effective date—2003 c 2 (Initiative Measure No. 790).
41.26.906 - Effective date—2003 c 92.
41.26.921 - Effective date—1977 ex.s. c 294.
41.26.922 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.