RCW 41.35.440
Earned disability allowance—Disposition upon death of recipient.
(1) A member of the retirement system who becomes totally incapacitated for continued employment by an employer as determined by the department upon recommendation of the department shall be eligible to receive an allowance under the provisions of RCW 41.35.400 through 41.35.599. The member shall receive a monthly disability allowance computed as provided for in RCW 41.35.400 and shall have this allowance actuarially reduced to reflect the difference in the number of years between age at disability and the attainment of age sixty-five.
Any member who receives an allowance under the provisions of this section shall be subject to comprehensive medical examinations as required by the department. If these medical examinations reveal that a member has recovered from the incapacitating disability and the member is offered reemployment by an employer at a comparable compensation, the member shall cease to be eligible for the allowance.
(2) If the recipient of a monthly retirement allowance under this section dies before the total of the retirement allowance paid to the recipient equals the amount of the accumulated contributions at the date of retirement, then the balance shall be paid to the member's estate, or the person or persons, trust, or organization as the recipient has nominated by written designation duly executed and filed with the director, or, if there is no designated person or persons still living at the time of the recipient's death, then to the surviving spouse, or, if there is no designated person or persons still living at the time of his or her death nor a surviving spouse, then to his or her legal representative.
[ 1998 c 341 § 105.]
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.35 - Washington School Employees' Retirement System.
41.35.015 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.35.020 - System created—Administration.
41.35.033 - Membership—Service credit—Substitute employees—Rules.
41.35.035 - Membership in system—Charter school employers and employees.
41.35.040 - Nonelective position held for at least nine months—Deemed to be eligible position, when.
41.35.070 - Duty disability retirement recipients—Continued service credit.
41.35.080 - Members agree to deductions.
41.35.090 - Employer's contribution—Computation—Billing.
41.35.110 - Disability retirement—Criminal conduct.
41.35.115 - Death benefit—Course of employment—Occupational disease or infection.
41.35.120 - False statements—Penalty.
41.35.130 - Transfer of service credit from statewide city employees' retirement system.
41.35.140 - Hearing prior to appeal required—Notice.
41.35.150 - Hearing prior to appeal required—Conduct of hearing.
41.35.160 - Judicial review in accordance with administrative procedure act.
41.35.170 - Appeal—No bond required.
41.35.180 - Service credit—Computation.
41.35.1801 - Prior service—One-half service credit.
41.35.183 - Purchase of additional service credit—Costs—Rules.
41.35.190 - Effect of certain accumulated vacation leave on retirement benefits.
41.35.200 - Benefit calculation—Limitation.
41.35.210 - Post-retirement cost-of-living.
41.35.220 - Options for payment of retirement allowances—Court-approved property settlement.
41.35.235 - Purchase of life annuity benefit.
41.35.399 - Provisions applicable to plan 2 and plan 3.
41.35.400 - Computation of retirement allowance.
41.35.410 - Lump sum retirement allowance—Reentry—Reinstatement of service.
41.35.420 - Retirement eligibility.
41.35.423 - Member with terminal illness—Removal from system.
41.35.430 - Employer and member contribution rates.
41.35.440 - Earned disability allowance—Disposition upon death of recipient.
41.35.450 - Application for and effective date of retirement allowances.
41.35.470 - Leaves of absence, military service.
41.35.480 - Vested membership.
41.35.490 - Refund of contributions.
41.35.510 - Transfer to plan 3—Irrevocable option.
41.35.599 - Provisions applicable to plan 2.
41.35.600 - Provisions applicable to plan 3—Plan 3 elements.
41.35.610 - Choice of membership in plan 2 or plan 3.
41.35.612 - Right to waive benefit—Irrevocable choice.
41.35.620 - Computation of retirement allowance.
41.35.630 - Additional payment.
41.35.640 - Application for and effective date of retirement allowances.
41.35.650 - Leaves of absence, military service.
41.35.660 - Purchased service credit—Allocation.
41.35.670 - Lump sum payments—Reentry.
41.35.680 - Retirement eligibility.
41.35.683 - Member with terminal illness—Removal from system.
41.35.690 - Earned disability allowance—Disposition upon death of recipient.
41.35.700 - Restored, purchased service credit under plan 2—Transfer to plan 3.
41.35.720 - Employer contribution rates.
41.35.900 - Benefits not contractual right until September 1, 2000.