(1)(a) A member
of the retirement system with at least ten years of service in
the public safety employees' retirement system who becomes
totally incapacitated for continued employment as an employee by
an employer, as determined by the department, shall be eligible
to receive an allowance under RCW 41.37.190 through 41.37.290.
The member shall receive a monthly disability allowance computed
as provided for in RCW 41.37.190 and shall have this allowance
actuarially reduced to reflect the difference in the number of
years between age at disability and the attainment of age sixty.
(b) A member of the retirement system with less than ten
years of service who becomes totally incapacitated for continued
employment by an employer, as determined by the department, shall
be eligible to receive an allowance under RCW 41.37.190 through 41.37.290. The member shall receive a monthly disability
allowance computed as provided for in RCW 41.37.190 and shall
have this allowance actuarially reduced to reflect the difference
in the number of years between age at disability and the
attainment of age sixty-five.
(2) Any member who receives an allowance under this section
shall be subject to comprehensive medical examinations as
required by the department. If these medical examinations reveal
that a member has recovered from the incapacitating disability
and the member is offered reemployment by an employer at a
comparable compensation, the member shall cease to be eligible
for the allowance.
(3) If the recipient of a monthly allowance under this
section dies before the total of the allowance payments equal the
amount of the accumulated contributions at the date of
retirement, then the balance shall be paid to the member's
estate, or the person or persons, trust, or organization the
recipient has nominated by written designation duly executed and
filed with the director. If there is no designated person or
persons still living at the time of the recipient's death, then
to the surviving spouse, or, if there is no designated person or
persons still living at the time of his or her death nor a
surviving spouse, then to his or her legal representative.
[2004 c 242 § 29.]