Revised Code of Washington
Chapter 43.43 - Washington State Patrol.
43.43.270 - Retirement allowances—Survivors of disabled members—Members commissioned before January 1, 2003.

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

For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an allowance which shall continue as long as the member lives.
(2) If a member should die while in service, or a member leaves the employ of the employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, the member's lawful spouse or lawful domestic partner shall be paid an allowance which shall be equal to fifty percent of the average final salary of the member. If the member should die after retirement the member's lawful spouse or lawful domestic partner shall be paid an allowance which shall be equal to the retirement allowance then payable to the member or fifty percent of the final average salary used in computing the member's retirement allowance, whichever is less. The allowance paid to the lawful spouse or lawful domestic partner shall continue as long as the spouse or domestic partner lives: PROVIDED, That if a surviving spouse or domestic partner who is receiving benefits under this subsection marries, or enters into a domestic partnership with, another member of this retirement system who subsequently predeceases such spouse or domestic partner, the spouse or domestic partner shall then be entitled to receive the higher of the two survivors' allowances for which eligibility requirements were met, but a surviving spouse or domestic partner shall not receive more than one survivor's allowance from this system at the same time under this subsection. To be eligible for an allowance the lawful surviving spouse or lawful domestic partner of a retired member shall have been married to, or in a domestic partnership with, the member prior to the member's retirement and continuously thereafter until the date of the member's death or shall have been married to, or in a domestic partnership with, the retired member at least two years prior to the member's death. The allowance paid to the lawful spouse or lawful domestic partner may be divided with an ex spouse or ex domestic partner of the member by a dissolution order as defined in RCW 41.50.500(3) incident to a dissolution occurring after July 1, 2002. The dissolution order must specifically divide both the member's benefit and any spousal or domestic partner survivor benefit, and must fully comply with RCW 41.50.670 and 41.50.700.
(3) If a member should die, either while in service or after retirement, the member's surviving unmarried children under the age of eighteen years shall be provided for in the following manner:
(a) If there is a surviving spouse or domestic partner, each child shall be entitled to a benefit equal to five percent of the final average salary of the member or retired member. The combined benefits to the surviving spouse or domestic partner and all children shall not exceed sixty percent of the final average salary of the member or retired member; and
(b) If there is no surviving spouse or domestic partner or the spouse or domestic partner should die, the child or children shall be entitled to a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary of the member or retired member. Payments under this subsection shall be prorated equally among the children, if more than one.
(4) If a member should die in the line of duty while employed by the Washington state patrol, or a member leaves the employ of the employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, the member's surviving children under the age of twenty years and eleven months if attending any high school, college, university, or vocational or other educational institution accredited or approved by the state of Washington shall be provided for in the following manner:
(a) If there is a surviving spouse or domestic partner, each child shall be entitled to a benefit equal to five percent of the final average salary of the member. The combined benefits to the surviving spouse or domestic partner and all children shall not exceed sixty percent of the final average salary of the member;
(b) If there is no surviving spouse or domestic partner or the spouse or domestic partner should die, the unmarried child or children shall be entitled to receive a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary. Payments under this subsection shall be prorated equally among the children, if more than one; and
(c) If a beneficiary under this subsection reaches the age of twenty-one years during the middle of a term of enrollment the benefit shall continue until the end of that term.
(5)(a) The provisions of this section shall apply to members who have been retired on disability as provided in RCW 43.43.040 if the officer was a member of the Washington state patrol retirement system at the time of such disability retirement.
(b) For the purposes of this subsection, average final salary as used in subsection (2) of this section means:
(i) For members commissioned prior to January 1, 2003, the average monthly salary received by active members of the patrol of the rank at which the member became disabled, during the two years prior to the death of the disabled member; and
(ii) For members commissioned on or after January 1, 2003, the average monthly salary received by active members of the patrol of the rank at which the member became disabled, during the five years prior to the death of the disabled member.
(c) The changes to the definitions of average final salary for the survivors of disabled members in this subsection shall apply retroactively. The department shall correct future payments to eligible survivors of members disabled prior to June 7, 2006, and, as soon as administratively practicable, pay each survivor a lump sum payment reflecting the difference, as determined by the director, between the survivor benefits previously received by the member, and those the member would have received under the definitions of average final salary created in chapter 94, Laws of 2006.

[ 2009 c 522 § 3; 2009 c 226 § 3; 2006 c 94 § 1; 2002 c 158 § 15; 2001 c 329 § 6; 1989 c 108 § 1; 1984 c 206 § 1; 1982 1st ex.s. c 52 § 28; 1973 2nd ex.s. c 14 § 3; 1973 1st ex.s. c 180 § 4. Prior: 1969 c 12 § 6; 1965 c 8 § 43.43.270; prior: 1963 c 175 § 3; 1961 c 93 § 2; 1951 c 140 § 6; 1947 c 250 § 16; Rem. Supp. 1947 § 6362-96.]
NOTES:

Reviser's note: This section was amended by 2009 c 226 § 3 and by 2009 c 522 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).


Effective date—2001 c 329: See note following RCW 43.43.120.


Effective date—1989 c 108: "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 July 1, 1989." [ 1989 c 108 § 2.]


Applicability—1984 c 206: "This act shall apply only to surviving spouses receiving benefits under RCW 43.43.270(2) on or after March 27, 1984. No surviving spouse whose benefits under RCW 43.43.270(2) were terminated before March 27, 1984, due to remarriage shall be governed by this act, and this act shall neither retroactively nor prospectively restore such terminated benefits. This act shall apply only to surviving unmarried children receiving benefits under RCW 43.43.270 (3) or (4) on or after March 27, 1984. No benefits shall be paid under RCW 43.43.270 (3)(b) or (4)(b) for any period before March 27, 1984." [ 1984 c 206 § 2.]


Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.


Construction—1969 c 12: See note following RCW 43.43.120.

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.