Other LanguagesRCW 41.16.020 creates a municipal firemen's pension board and provides that one member is the city comptroller or clerk. If a charter city eliminates the position of comptroller and assigns those functions to a director of finance, the city can assign the director of finance to the pension board instead of the clerk.
In view of the enactment of chapter 181, Laws of 1973, 1st Ex. Sess., establishing a $300 per month minimum with respect to the pensions payable to certain retired municipal firemen and law enforcement officers and their survivors, this figure now constitutes the minimum basis to be used in computing the annual two percent cost of living pension increases provided for in RCW 41.16.145, RCW 41.18.104, and RCW 41.26.250.
(1) Monies in a prior municipal firemen's pension fund may now lawfully be used for the payment of service retirement, disability retirement and other pension benefits to qualified members of the former paid firemen's pension system and, as well, for the payment of hospitalization costs and other medical expenses incurred by firefighters covered by the Law Enforcement Officers' and Fire Fighters' System Plan I.
(1) RCW 41.26.040(3) does not prohibit a city or town from using property tax revenues obtained under RCW 41.16.060 for municipal purposes other than the funding of firemen's pensions in those cases where such other uses are permitted by the terms of the latter statute. (2) A municipality which first created a full time, paid fire department after March 1, 1970, the date upon which the LEOFF system became operative, is not authorized to levy the additional property tax provided for in RCW 41.16.060.
1. The obligation imposed by RCW 41.18.060 to provide medical care for a fireman who has been disabled cannot be fulfilled by the purchase of a medical insurance policy. 2. The Firemen's Pension Board established pursuant to RCW 41.18.015 may exercise some discretion in specifying authorized care providers if it does so through properly established procedures.
The widow of a municipal fireman (covered under the provisions of chapter 41.18 RCW at the time of his death) whose death in line of duty or retirement for service connected disability occurred prior to July 1, 1969, is covered by § 33, chapter 209, Laws of 1969, Ex. Sess.; accordingly, such a widow is entitled to have her monthly pension payable under RCW 41.18.100 annually increased by two percent, with the first increase becoming effective on July 1, 1969, or one year after commencement of payments, whichever is later. The annual post-retirement pension increase payable to the widow of a municipal fireman covered under the provisions of chapter 41.18 RCW at the time of his death in line of duty or following retirement for service connected disability, but who was still living and in service on July 1, 1969, when chapter 209, Laws of 1969, Ex. Sess., became effective, will be governed by the provisions of § 28 of that act, to the end that her annual two percent pension increases will be effective with each January pension payment she receives under that section.
The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.
(1) The city council of a city which has covered its paid firemen under the pension provisions of chapters 41.16 and 41.18 RCW is not authorized to review, amend or reject a claim for a pension which has been allowed by the firemen's pension board for the city involved. (2) Where a paid fireman is disabled as a result of an injury incurred while in the performance of his duties as a fireman, (a) if coverage is under chapter 41.16 RCW, the municipal pension board is required to provide medical, hospital and nursing care in connection with the disability for such period as the board deems proper; (b) if coverage is under chapter 41.18 RCW, the municipal pension board is required to provide medical, hospital and nursing care in connection with the disability as long as the disability exists; (c) however, in neither case should the board be regarded as liable for any and all medical, hospital and nursing costs incurred by the disabled fireman without regard to whether the fireman has made a prior application and received prior approval in accordance with established procedures.
(1) It is not necessary that a fire dispatcher pass a civil service examination for firemen or fire fighters in order to be considered a "fire fighter" as that term is used in chapter 41.26 RCW, the law enforcement officers' and fire fighters' retirement system; instead, it is sufficient that a person has been serving on a full-time, fully compensated basis as a fire dispatcher in a city, town or other municipal fire department which, on March 1, 1970, required its dispatchers to have passed a civil service examination for fireman or fire fighter ‑ without regard to whether the particular individual has, himself, taken or passed such an examination.(2) Any person who, on March 1, 1970, was employed in a fulltime, fully compensated basis by an employer covered by the law enforcement officers' and fire fighters' retirement system, and who, on May 21, 1971, was making contributions under the provisions of chapters 41.16 or 41.18 RCW, is also now to be considered a "fire fighter" for the purposes of chapter 41.26 RCW, whether or not he has taken or passed a civil service examination for fire fighters or firemen.(3) A retired fireman is entitled to the increased benefits provided by RCW 41.16.145 or RCW 41.18.104, as clarified by §§ 17 and 18 of chapter 257, Laws of 1971, 1st Ex. Sess., if he was retired for disability under either of those two chapters and was so retired prior to June 8, 1961.(4) A fire fighter who has vested under RCW 41.18.130 is not required to have attained the age of 50 years before being entitled to receive an allowance under that statute.