Revised Code of Washington
Chapter 43.43 - Washington State Patrol.
43.43.040 - Disability of patrol officers.

RCW 43.43.040
Disability of patrol officers.

(1) The chief of the Washington state patrol shall relieve from active duty Washington state patrol officers who, while in the performance of their official duties, or while on standby or available for duty, have been or hereafter may be injured or incapacitated to such an extent as to be mentally or physically incapable of active service: PROVIDED, That:
(a) Any officer disabled while performing line duty who is found by the chief to be physically incapacitated shall be placed on disability leave for a period not to exceed six months from the date of injury or the date incapacitated. During this period, the officer shall be entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to an officer on active status, less any compensation received through the department of labor and industries. No such disability leave shall be approved until an officer has been unavailable for duty for more than forty consecutive work hours. Prior to the end of the six-month period, the chief shall either place the officer on disability status or return the officer to active status.
For the purposes of this section, "line duty" is active service which encompasses the traffic law enforcement duties and/or other law enforcement responsibilities of the state patrol. These activities encompass all enforcement practices of the laws, accident and criminal investigations, or actions requiring physical exertion or exposure to hazardous elements.
The chief shall define by rule the situations where a disability has occurred during line duty;
(b) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the officer 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;
(c) An officer injured while engaged in willfully tortious or criminal conduct shall not be entitled to disability benefits under this section; and
(d) Should a disability beneficiary whose disability was not incurred in line of duty, prior to attaining age fifty, engage in a gainful occupation, the chief shall reduce the amount of his or her retirement allowance to an amount which when added to the compensation earned by him or her in such occupation shall not exceed the basic salary currently being paid for the rank the retired officer held at the time he or she was disabled. All such disability beneficiaries under age fifty shall file with the chief every six months a signed and sworn statement of earnings and any person who shall knowingly swear falsely on such statement shall be subject to prosecution for perjury. Should the earning capacity of such beneficiary be further altered, the chief may further alter his or her disability retirement allowance as indicated above. The failure of any officer to file the required statement of earnings shall be cause for cancellation of retirement benefits.
(2)(a) Officers on disability status shall receive one-half of their compensation at the existing wage, during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the chief of the patrol at any time during such relief from duty to ascertain whether or not they are able to resume active duty.
(b) In addition to the compensation provided in (a) of this subsection, the compensation of an officer who is totally disabled during line duty shall include reimbursement for any payments of premiums made after June 10, 2010, for employer-provided medical insurance. An officer is considered totally disabled if he or she is unable to perform any substantial gainful activity due to a physical or mental condition that may be expected to result in death or that has lasted or is expected to last at least twelve months. Substantial gainful activity is defined as average earnings in excess of eight hundred sixty dollars a month in 2006 adjusted annually as determined by the department of retirement systems based on federal social security disability standards. An officer in receipt of reimbursement for any payments of premium rates for employer-provided medical insurance under this subsection is required to file with the chief any financial records that are necessary to determine continued eligibility for such reimbursement. The failure of any officer to file the required financial records is cause for cancellation of the reimbursement. The legislature reserves the right to amend or repeal the benefits provided in this subsection (2)(b) in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that time.

[ 2010 c 259 § 3; 2009 c 549 § 5122; 1998 c 194 § 1; 1987 c 185 § 17; 1981 c 165 § 1; 1973 2nd ex.s. c 20 § 1; 1965 c 8 § 43.43.040. Prior: 1947 c 174 § 1; 1943 c 215 § 1; RRS § 6362-65.]
NOTES:

Short title—2010 c 259: See note following RCW 41.26.470.


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


Severability—1981 c 165: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 165 § 2.]


Effective date—1981 c 165: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect January 1, 1981." [ 1981 c 165 § 3.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.43 - Washington State Patrol.

43.43.005 - Comprehensive outreach and marketing strategic plan.

43.43.010 - Patrol created.

43.43.012 - Chief for a day program.

43.43.013 - Donations, gifts, conveyances, devises, and grants.

43.43.015 - Affirmative action.

43.43.020 - Appointment of personnel.

43.43.030 - Powers and duties—Peace officers.

43.43.035 - Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.

43.43.037 - Legislature—Security and protection—Duty to provide.

43.43.040 - Disability of patrol officers.

43.43.050 - Tenure of patrol officers.

43.43.060 - Suspension or demotion of probationary officers.

43.43.070 - Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—Complaint—Hearing.

43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.

43.43.090 - Procedure at hearing.

43.43.100 - Review of order.

43.43.110 - Reinstatement on acquittal.

43.43.111 - Patrol officer vehicle accidents.

43.43.112 - Private law enforcement off-duty employment—Guidelines.

43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.

43.43.120 - Patrol retirement system—Definitions.

43.43.130 - Retirement fund created—Membership.

43.43.135 - Membership in more than one retirement system.

43.43.137 - Reestablishment of service credit by former members who are members of the public employees' retirement system—Conditions.

43.43.138 - Establishing, restoring service credit.

43.43.139 - Membership while serving as state legislator—Conditions.

43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.

43.43.165 - Board may receive contributions from any source.

43.43.220 - Retirement fund—Expenses.

43.43.230 - Total service credit.

43.43.233 - Purchase of additional service credit—Costs—Rules.

43.43.235 - Service credit for paid leave of absence.

43.43.240 - Legal adviser.

43.43.250 - Retirement of members.

43.43.260 - Benefits—Military service credit.

43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.

43.43.264 - Benefit calculation—Limitation.

43.43.270 - Retirement allowances—Survivors of disabled members—Members commissioned before January 1, 2003.

43.43.271 - Retirement allowances—Members commissioned on or after January 1, 2003—Court-approved property settlement.

43.43.274 - Minimum retirement allowance—Annual adjustment.

43.43.278 - Retirement option.

43.43.280 - Repayment of contributions on death or termination of employment—Election to receive reduced retirement allowance at age fifty-five.

43.43.285 - Special death benefit—Course of employment—Occupational disease or infection—Annual adjustment.

43.43.286 - Rights reserved to the legislature—No future contractual rights.

43.43.290 - Status in case of disablement.

43.43.295 - Accumulated contributions—Payment upon death of member.

43.43.310 - Benefits exempt from taxation and legal process—Assignability—Exceptions—Deductions for group insurance premiums or for state patrol memorial foundation contributions.

43.43.315 - Optional actuarially equivalent life annuity benefit.

43.43.320 - Penalty for falsification.

43.43.330 - Examinations for promotion.

43.43.340 - Eligible list, and promotions therefrom—Affirmative action.

43.43.350 - Determination of eligibility for examination for promotion.

43.43.360 - Probationary period.

43.43.370 - Staff or technical officers.

43.43.380 - Minimum salaries—Report.

43.43.390 - Bicycle awareness program—Generally.

43.43.395 - Ignition interlock devices—Standards—Compliance.

43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.

43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.

43.43.400 - Aquatic invasive species inspection and training.

43.43.480 - Routine traffic enforcement information.

43.43.490 - Routine traffic enforcement information—Data collection—Training materials on racial profiling.

43.43.500 - Crime information center—Established—Purpose—Functions.

43.43.510 - Crime information center—Files of general assistance to law enforcement agencies established—Runaway children—Information publicly available.

43.43.530 - Crime information center—Cost of terminal facilities.

43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.

43.43.545 - Statewide sexual assault kit tracking system.

43.43.546 - Statewide sexual assault kit tracking system—Participation by bureau of forensic laboratory services.

43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.

43.43.560 - Automatic fingerprint information system—Report.

43.43.570 - Automatic fingerprint identification system—Conditions for local establishment or operation—Rules.

43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.

43.43.585 - Washington background check advisory board.

43.43.590 - State firearms background check system account.

43.43.600 - Drug control assistance unit—Created.

43.43.610 - Drug control assistance unit—Duties.

43.43.620 - Drug control assistance unit—Additional duties—Information system on violations—Inter-unit communications network.

43.43.630 - Drug control assistance unit—Use of existing facilities and systems.

43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.

43.43.650 - Drug control assistance unit—Employment of necessary personnel.

43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.

43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.

43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.

43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.

43.43.700 - Identification and criminal history section.

43.43.705 - Identification data—Processing procedure—Definitions.

43.43.710 - Availability of information.

43.43.715 - Identification—Cooperation with other criminal justice agencies.

43.43.720 - Local identification and records systems—Assistance.

43.43.725 - Records as evidence.

43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.

43.43.735 - Photographing and fingerprinting—Powers and duties of law enforcement agencies—Other data.

43.43.740 - Photographing and fingerprinting—Transmittal of data.

43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.

43.43.745 - Convicted persons, fingerprinting required, records—Furloughs, information to section, notice to local agencies—Arrests, disposition information—Convicts, information to section, notice to local agencies—Registration of sex offenders.

43.43.750 - Use of force to obtain identification information—Liability.

43.43.751 - Biological samples for missing persons investigations.

43.43.752 - DNA identification system—Plan—Report.

43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.

43.43.7532 - DNA identification system—DNA database account.

43.43.754 - DNA identification system—Biological samples—Collection, use, testing—Scope and application of section.

43.43.7541 - DNA identification system—Collection of biological samples—Fee.

43.43.756 - DNA identification system—Analysis, assistance, and testimony services.

43.43.758 - DNA identification system—Local law enforcement systems—Limitations.

43.43.759 - DNA identification system—Rule-making requirements.

43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.

43.43.762 - Criminal street gang database—Information exempt from public disclosure.

43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.

43.43.770 - Unidentified deceased persons.

43.43.775 - Interagency contracts.

43.43.780 - Transfer of records, data, equipment to section.

43.43.785 - Criminal justice services—Consolidation—Establishment of program.

43.43.800 - Criminal justice services programs—Duties of executive committee.

43.43.810 - Obtaining information by false pretenses—Unauthorized use of information—Falsifying records—Penalty.

43.43.815 - Conviction record furnished to employer—Purposes—Notification to subject of record—Fees—Limitations—Injunctive relief, damages, attorneys' fees—Disclaimer of liability—Rules.

43.43.820 - Stale records.

43.43.822 - County sheriff to forward registration information—Felony firearm offense conviction database—Exempt from public disclosure.

43.43.823 - Incorporation of denied firearm transaction records—Removal of record, when required—Notice—Rules.

43.43.825 - Guilty plea or conviction for certain felony crimes—Notification of state patrol—Transmission of information to the department of health.

43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.

43.43.832 - Background checks—Disclosure of information—Sharing of criminal background information by health care facilities.

43.43.8321 - Background checks—Dissemination of conviction record information.

43.43.833 - Background checks—State immunity.

43.43.834 - Background checks by business, organization, or insurance company—Limitations—Civil liability.

43.43.836 - Disclosure to individual of own record—Fee.

43.43.837 - Fingerprint-based background checks—Requirements for applicants and service providers—Shared background checks—Fees—Rules to establish financial responsibility.

43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.

43.43.839 - Fingerprint identification account.

43.43.840 - Notification to licensing agency of employment termination for certain crimes against persons.

43.43.842 - Vulnerable adults—Additional licensing requirements for agencies, facilities, and individuals providing services.

43.43.845 - Notification of conviction or guilty plea of certain felony crimes—Transmittal of information to superintendent of public instruction.

43.43.850 - Organized crime intelligence unit—Created.

43.43.852 - "Organized crime" defined.

43.43.854 - Powers and duties of organized crime intelligence unit.

43.43.856 - Divulging investigative information prohibited—Confidentiality—Security of records and files.

43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.

43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.

43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.

43.43.880 - Agreements with contiguous states—Jointly occupied ports of entry—Collection of fees and taxes.

43.43.885 - Scrap metal no-buy list database program.

43.43.887 - Scrap metal no-buy list database program—Washington association of sheriffs and police chiefs not liable for civil damages.

43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

43.43.930 - State fire protection services—Intent.

43.43.934 - Director of fire protection—Duties.

43.43.938 - Director of fire protection—Appointment—Duties.

43.43.939 - Director of fire protection—Adoption of minimum standard requirements for before-school and after-school programs.

43.43.940 - Fire service training program—Grants and bequests.

43.43.942 - Fire service training—Fees and fee schedules.

43.43.944 - Fire service training account.

43.43.946 - Fire services trust fund.

43.43.948 - Fire services trust fund—Expenditures.

43.43.950 - Fire service training center bond retirement account of 1977.

43.43.952 - Arson investigation information system—Findings—Intent.

43.43.960 - State fire service mobilization—Definitions.

43.43.961 - State fire service mobilization—Legislative declaration and intent.

43.43.962 - State fire service mobilization—State fire services mobilization plan—State fire resources coordinator.

43.43.963 - State fire service mobilization—Regional fire defense boards—Regional fire service plans—Regions established.

43.43.964 - State fire service mobilization—Development of reimbursement procedures.

43.43.965 - State fire service mobilization—Plan use for purposes other than fire suppression—Annual report.

43.43.970 - Law enforcement mobilization—Definitions.

43.43.971 - Law enforcement mobilization—State law enforcement mobilization policy board—State law enforcement mobilization plan.

43.43.972 - Law enforcement mobilization—Local law enforcement request for mobilization—State law enforcement resource coordinator—Mobilization response—Declaration of end of mobilization.

43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.

43.43.974 - State law enforcement mobilization—Regions established—Regional law enforcement mobilization committees—Regional law enforcement mobilization plans.

43.43.975 - State law enforcement mobilization—Development of reimbursement procedures—Eligibility of nonhost law enforcement authority for reimbursement.