The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Municipal corporation" or "municipality" includes any
county, city, town or combination thereof, fire protection
district, local law enforcement agency, or any emergency medical
service district or other special district, authorized by law to
protect life or property within its boundaries through a fire
department, emergency workers, or reserve officers.
(2) "Fire department" means any regularly organized fire
department or emergency medical service district consisting
wholly of volunteer firefighters, or any part-paid and
part-volunteer fire department duly organized and maintained by
any municipality: PROVIDED, That any such municipality wherein a
part-paid fire department is maintained may by appropriate
legislation permit the full-paid members of its department to
come under the provisions of chapter 41.16 RCW.
(3) "Firefighter" includes any firefighter or emergency
worker who is a member of any fire department of any municipality
but shall not include firefighters who are eligible for
participation in the Washington law enforcement officers' and
firefighters' retirement system or the Washington public
employees' retirement system, with respect to periods of service
rendered in such capacity.
(4) "Emergency worker" means any emergency medical service
personnel, regulated by chapters 18.71 and 18.73 RCW, who is a
member of an emergency medical service district but shall not
include emergency medical service personnel who are eligible for
participation in the Washington public employees' retirement
system, with respect to periods of service rendered in such
capacity.
(5) "Performance of duty" or "performance of service" shall
be construed to mean and include any work in and about company
quarters, any fire station, any law enforcement office or
precinct, or any other place under the direction or general
orders of the chief or other officer having authority to order
such member to perform such work; performing other officially
assigned duties that are secondary to his or her duties as a
firefighter, emergency worker, or reserve officer such as
maintenance, public education, inspections, investigations, court
testimony, and fund-raising for the benefit of the department;
being on call or on standby under the orders of the chief or
designated officer of the department, except at the individual's
home or place of business; responding to, working at, or
returning from an alarm of fire, emergency call, or law
enforcement duties; drill or training; or any work performed of
an emergency nature in accordance with the rules and regulations
of the fire department or local law enforcement agency.
(6) "State board" means the state board for volunteer
firefighters and reserve officers.
(7) "Board of trustees" or "local board" means: (a) For
matters affecting firefighters, a firefighter board of trustees
created under RCW 41.24.060; (b) for matters affecting an
emergency worker, an emergency medical service district board of
trustees created under RCW 41.24.330; or (c) for matters
affecting reserve officers, a reserve officer board of trustees
created under RCW 41.24.460.
(8) "Appropriate legislation" means an ordinance when an
ordinance is the means of legislating by any municipality, and
resolution in all other cases.
(9) "Reserve officer" means the same as defined by the
Washington state criminal justice training commission under
chapter 43.101 RCW, but shall not include enforcement officers
who are eligible for participation in the Washington law
enforcement officers' and firefighters' retirement system or the
Washington public employees' retirement system, with respect to
periods of service rendered in such capacity.
(10) "Participant" means: (a) For purposes of relief, any
reserve officer who is or may become eligible for relief under
this chapter or any firefighter or emergency worker; and (b) for
purposes of retirement pension, any firefighter, emergency
worker, or reserve officer who is or may become eligible to
receive a benefit of any type under the retirement provisions of
this chapter, or whose beneficiary may be eligible to receive any
such benefit.
(11) "Relief" means all medical, death, and disability
benefits available under this chapter that are made necessary
from death, sickness, injury, or disability arising in the
performance of duty, including benefits provided under RCW 41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and 41.24.230, but does not include retirement pensions provided
under this chapter.
(12) "Retirement pension" means retirement payments for the
performance of service, as provided under RCW 41.24.170,
41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(13) "Principal fund" means the volunteer firefighters' and
reserve officers' relief and pension principal fund created under
RCW 41.24.030.
(14) "Administrative fund" means the volunteer firefighters'
and reserve officers' administrative fund created under RCW 41.24.030.
[2006 c 26 § 1; 2005 c 37 § 1; 1999 c 148 § 1; 1995 c 11 § 1; 1993 c 331 § 1; 1989 c 91 § 8; 1970 ex.s. c 6 § 18; 1955 c 263 § 1; 1945 c 261 § 1; Rem. Supp. 1945 § 9578-15.]
NOTES:
Effective date -- 1989 c 91: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989." [1989 c 91 § 27.]
Construction -- Saving -- 1955 c 263: "Any provisions of chapter 41.24 RCW inconsistent with the provisions of this act are hereby repealed: PROVIDED, That such repeal shall not affect any act or proceeding had or pending, under such provision repealed, but the same shall be construed and prosecuted as though such provision had not been repealed." [1955 c 263 § 12.]
Severability -- 1945 c 261: "If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, and the application of such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more of the other sections, subsections, sentences, clauses and phrases be declared unconstitutional." [1945 c 261 § 26.]
Construction -- Saving -- 1945 c 261: "Chapter 121, Laws of 1935 (sections 9578-1 to 9578-11, inclusive, Remington's Revised Statutes, also Pierce's Perpetual Code 773-37 to -57), is hereby repealed: PROVIDED, That such repeal shall not be construed as affecting any act done or right acquired, or obligation incurred, or proceedings had or pending, under said act repealed, but the same shall be continued and prosecuted as though such act had not been repealed." [1945 c 261 § 27.]
Fire protection district having full paid fire department: RCW 41.16.240.