415-104-487  <<  415-104-490 >>   415-104-500

WAC 415-104-490

Death or disability while performing nonduty emergency management service.

(1) If I die or become disabled while performing nonduty emergency management service, will I or my survivors be eligible for LEOFF benefits? As a LEOFF Plan 2 member, you or your survivors may be eligible for nonduty disability or death benefits if you become disabled or die while you are performing nonduty emergency management service.
(2) What are the criteria for eligibility? To be eligible for benefits under this section, you must meet all of the following criteria:
(a) You must be determined by DRS to be eligible for disability benefits as described in RCW 41.26.470 and WAC 415-104-485, or death benefits as described in RCW 41.26.510.
(b) You must have "left the employ of an employer" to "perform service" as both of those terms are defined in WAC 415-104-011. You will need to show evidence, such as a DD214, proof of leave status from your LEOFF employer, orders, or other relevant sources of information.
(c) Your disability or death must have resulted from conditions or events that occurred while you were performing the service described in (b) of this subsection, on or after March 22, 2014.
(3) Will I receive service credit for the emergency management service?
(a) You or your survivors may apply for up to five years of service credit for your emergency management service:
(i) Up to the date of your separation from such service if you are disabled; or
(ii) Up to the date of your death if you die while performing service.
(b) There will be no cost to you for the service credit. The department will bill your employer for contributions. No interest will be charged.
(4) How will the benefits be calculated? If you are approved for benefits under this section, your benefit will be a minimum of ten percent of your average final salary, with an additional two percent for each year of service beyond five. Your benefit will not be reduced for early retirement.
(a) If your application for nonduty disability is approved under this section, the benefit will be calculated as described in RCW 41.26.470(11).
(b) If an application for death benefits filed by your survivors is approved under this section, the benefit will be calculated as described in RCW 41.26.510 (4)(c).
[Statutory Authority: RCW 41.50.050(5). WSR 17-10-035, ยง 415-104-490, filed 4/26/17, effective 5/27/17.]
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