BILL REQ. #:  S-0129.2 

Read first time 01/09/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to removing gender references; amending RCW 41.08.020, 41.08.030, 41.08.075, 41.08.080, 41.08.090, 41.08.100, 41.08.150, 41.08.220, 41.12.020, 41.12.030, 41.12.075, 41.12.080, 41.12.090, 41.12.100, 41.12.150, 41.12.220, 41.16.010, 41.16.020, 41.16.030, 41.16.040, 41.16.050, 41.16.070, 41.16.080, 41.16.100, 41.16.110, 41.16.120, 41.16.130, 41.16.140, 41.16.145, 41.16.150, 41.16.160, 41.16.170, 41.16.180, 41.16.190, 41.16.200, 41.16.210, 41.16.220, 41.16.230, 41.16.250, 41.18.010, 41.18.015, 41.18.020, 41.18.030, 41.18.040, 41.18.045, 41.18.050, 41.18.060, 41.18.080, 41.18.090, 41.18.100, 41.18.102, 41.18.130, 41.18.140, 41.18.150, 41.18.160, 41.18.165, 41.18.170, 41.18.180, 41.18.190, and 41.18.210; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   It is the intent of the legislature to make technical changes throughout chapters 41.08, 41.12, 41.16, and 41.18 RCW with regard to gender-specific terminology. The legislature finds that gender-neutral terms must be used in accordance with RCW 44.04.210. This act is technical in nature and no substantive legal changes are intended or implied.

Sec. 2   RCW 41.08.020 and 1935 c 31 s 2 are each amended to read as follows:
     If any of the cities or towns referred to in RCW 41.08.010 shall at any time repeal the charter provisions or other local acts of said cities or towns providing for civil service for ((firemen)) firefighters as referred to in RCW 41.08.010, in that event this chapter shall apply to all of such cities and towns which have at any time abolished civil service for members of the fire department.

Sec. 3   RCW 41.08.030 and 1935 c 31 s 3 are each amended to read as follows:
     There is hereby created in every city, town or municipality except those referred to in RCW 41.08.010, having a full paid fire department a civil service commission which shall be composed of three persons.
     The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party.

Sec. 4   RCW 41.08.075 and 1972 ex.s. c 37 s 4 are each amended to read as follows:
     No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment under the provisions of this chapter or under any local charter or other regulations described in RCW 41.08.010 to reside within the limits of such municipal corporation as a condition of employment, or to discriminate in any manner against any such person because of his or her residence outside of the limits of such city, town, or municipality.

Sec. 5   RCW 41.08.080 and 1935 c 31 s 8 are each amended to read as follows:
     The tenure of every one holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
     (1) Incompetency, inefficiency or inattention to or dereliction of duty;
     (2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;
     (3) Mental or physical unfitness for the position which the employee holds;
     (4) Dishonest, disgraceful, immoral or prejudicial conduct;
     (5) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of any position under civil service;
     (6) Conviction of a felony, or a misdemeanor, involving moral turpitude;
     (7) Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.

Sec. 6   RCW 41.08.090 and 1935 c 31 s 9 are each amended to read as follows:
     No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted or discharged except for cause, and only upon the written accusation of the appointing power, or any citizen or taxpayer, a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may within ten days from the time of his or her removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons and was or was not made in good faith (([f]or)) for cause. After such investigation the commission may affirm the removal, or if it shall find that the removal, suspension, or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer.
     All investigations made by the commission pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his or her defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he or she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner: PROVIDED, HOWEVER, That such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds.

Sec. 7   RCW 41.08.100 and 1935 c 31 s 11 are each amended to read as follows:
     Whenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall make requisition upon the commission for the name and address of a person eligible for appointment thereto. The commission shall certify the name of the person highest on the eligible list for the class to which the vacant position has been allocated, who is willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the name of the person standing highest on said list held appropriate for such class. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The appointing power shall forthwith appoint such person to such vacant position.
     Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the commission shall forthwith certify the name of the person eligible for appointment to the appointing power, and said appointing power shall forthwith appoint the person so certified to said position. No person so certified shall be laid off, suspended, or given leave of absence from duty, transferred or reduced in pay or grade, except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard by the commission and then only with its consent and approval.
     To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of three to six months' probationary service, as may be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him or her, or it, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him or her unfit or unsatisfactory for service in the department. Whereupon the appointing power shall designate the person certified as standing next highest on any such list and such person shall likewise enter upon said duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete.

Sec. 8   RCW 41.08.150 and 1935 c 31 s 16 are each amended to read as follows:
     No commissioner or any other person((,)) shall, by himself or herself, or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his or her right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him or her, in connection with any examination or registration or application or request to be examined or registered.

Sec. 9   RCW 41.08.220 and 1935 c 31 s 24 are each amended to read as follows:
     As used in this chapter, the following mentioned terms shall have the following described meanings:
     The term "commission" means the civil service commission herein created, and the term "commissioner" means any one of the three commissioners of that commission.
     The term "appointing power" includes every person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are, vested by law with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.
     The term "appointment" includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.
     The term "city" includes all cities, towns and municipalities having a full paid fire department.
     The term "full paid fire department" means that the officers and ((firemen)) firefighters employed in such are paid regularly by the city and devote their whole time to firefighting.

Sec. 10   RCW 41.12.020 and 1937 c 13 s 2 are each amended to read as follows:
     If any of the cities or towns referred to in RCW 41.12.010 shall at any time repeal the charter provisions or other local acts of said cities or towns providing for civil service for ((policemen)) police officers as referred to in RCW 41.12.010, in that event this chapter shall apply to all of such cities and towns which have at any time abolished civil service for members of the police department.

Sec. 11   RCW 41.12.030 and 1937 c 13 s 3 are each amended to read as follows:
     There is hereby created in every city, town or municipality except those referred to in RCW 41.12.010, having fully paid ((policemen)) police officers a civil service commission which shall be composed of three persons.
     The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with the power and authority to select, appoint, or employ the chief of a police department in any such city, prior to the enactment of this chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party.

Sec. 12   RCW 41.12.075 and 1972 ex.s. c 37 s 5 are each amended to read as follows:
     No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment under the provisions of this chapter or under any local charter or other regulations described in RCW 41.12.010 to reside within the limits of such municipal corporation as a condition of employment or to discriminate in any manner against any such person because of his or her residence outside of the limits of such city, town, or municipality.

Sec. 13   RCW 41.12.080 and 1937 c 13 s 8 are each amended to read as follows:
     The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
     (1) Incompetency, inefficiency or inattention to or dereliction of duty;
     (2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself or herself; or any willful violation of the provisions of this chapter or the rules and regulation to be adopted hereunder;
     (3) Mental or physical unfitness for the position which the employee holds;
     (4) Dishonest, disgraceful, immoral or prejudicial conduct;
     (5) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service;
     (6) Conviction of a felony, or a misdemeanor, involving moral turpitude;
     (7) Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.

Sec. 14   RCW 41.12.090 and 1937 c 13 s 9 are each amended to read as follows:
     No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing power, or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may within ten days from the time of his or her removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons and was or was not made in good faith (([f]or)) for cause. After such investigation the commission may affirm the removal, or if it shall find that the removal, suspension, or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement ((of [or])) or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission upon such investigation, (([in])) in lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer.
     All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his or her defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he or she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner: PROVIDED, HOWEVER, That such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds.

Sec. 15   RCW 41.12.100 and 1937 c 13 s 11 are each amended to read as follows:
     Whenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall make requisition upon the commission for the name and address of a person eligible for appointment thereto. The commission shall certify the name of the person highest on the eligible list for the class to which the vacant position has been allocated, who is willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the name of the person standing highest on said list held appropriate for such class. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The appointing power shall forthwith appoint such person to such vacant position.
     Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the commission shall forthwith certify the name of the person eligible for appointment to the appointing power, and said appointing power shall forthwith appoint the person so certified to said position. No person so certified shall be laid off, suspended, or given leave of absence from duty, transferred or reduced in pay or grade, except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard by the commission and then only with its consent and approval.
     To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of three to six months' probationary service, as may be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him or her, or it, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him or her unfit or unsatisfactory for service in the department, whereupon the appointing power shall designate the person certified as standing next highest on any such list and such person shall likewise enter upon said duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete.

Sec. 16   RCW 41.12.150 and 1937 c 13 s 16 are each amended to read as follows:
     No commissioner or any other person((,)) shall, by himself or herself, or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his or her right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him or her, in connection with any examination or registration of application or request to be examined or registered.

Sec. 17   RCW 41.12.220 and 1937 c 13 s 24 are each amended to read as follows:
     As used in this chapter, the following mentioned terms shall have the following described meanings:
     The term "commission" means the civil service commission herein created, and the term "commissioner" means any one of the three commissioners of that commission.
     The term "appointing power" includes every person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are, invested by law with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.
     The term "appointment" includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.
     The term "city" includes all cities, towns and municipalities having a full paid police department.
     The term "full paid police department" means that the officers and ((policemen)) police officers employed in such are paid regularly by the city and devote their whole time to police duty: PROVIDED, "full paid police department" whenever used in this chapter shall also mean "full paid ((policemen".)) police officers."

Sec. 18   RCW 41.16.010 and 2003 c 30 s 1 are each amended to read as follows:
     For the purpose of this chapter, unless clearly indicated by the context, words and phrases shall have the following meaning:
     (1) "Beneficiary" shall mean any person or persons designated by a ((fireman)) firefighter in a writing filed with the board, and who shall be entitled to receive any benefits of a deceased ((fireman)) firefighter under this chapter.
     (2) "Board" shall mean the municipal ((firemen's)) firefighters' pension board.
     (3) "Child or children" shall mean a child or children unmarried and under eighteen years of age.
     (4) "Contributions" shall mean and include all sums deducted from the salary of ((firemen)) firefighters and paid into the fund as hereinafter provided.
     (5) "Disability" shall mean and include injuries or sickness sustained as a result of the performance of duty.
     (6) (("Fireman" or)) "Firefighter" shall mean any person regularly or temporarily, or as a substitute, employed and paid as a member of a fire department, who has passed a civil service examination for ((fireman)) firefighter and who is actively employed as a ((fireman)) firefighter; and shall include any "prior ((fireman)) firefighter."
     (7) "Fire department" shall mean the regularly organized, full time, paid, and employed force of ((firemen)) firefighters of the municipality.
     (8) "Fund" shall mean the ((firemen's)) firefighters' pension fund created herein.
     (9) "Municipality" shall mean every city and town having a regularly organized full time, paid, fire department employing ((firemen)) firefighters.
     (10) "Performance of duty" shall mean the performance of work and labor regularly required of ((firemen)) firefighters and shall include services of an emergency nature rendered while off regular duty, but shall not include time spent in traveling to work before answering roll call or traveling from work after dismissal at roll call.
     (11) "Prior ((fireman)) firefighter" shall mean a ((fireman)) firefighter who was actively employed as a ((fireman)) firefighter of a fire department prior to the first day of January, 1947, and who continues such employment thereafter.
     (12) "Retired ((fireman)) firefighter" shall mean and include a person employed as a ((fireman)) firefighter and retired under the provisions of chapter 50, Laws of 1909, as amended.
     (13) "Widow or widower" means the surviving wife or husband of a retired ((fireman)) firefighter who was retired on account of length of service and who was lawfully married to such ((fireman)) firefighter; and whenever that term is used with reference to the wife or former wife or husband or former husband of a retired ((fireman)) firefighter who was retired because of disability, it shall mean his or her lawfully married wife or husband on the date he or she sustained the injury or contracted the illness that resulted in his or her disability. Said term shall not mean or include a surviving wife or husband who by process of law within one year prior to the retired ((fireman's)) firefighter's death, collected or attempted to collect from him or her funds for the support of herself or himself or for his or her children.

Sec. 19   RCW 41.16.020 and 2003 c 30 s 2 are each amended to read as follows:
     There is hereby created in each city and town a municipal ((firemen's)) firefighters' pension board to consist of the following five members, ex officio, the mayor, or in a city of the first class, the mayor or a designated representative who shall be an elected official of the city, who shall be ((chairman)) chairperson of the board, the city comptroller or clerk, the ((chairman)) chairperson of finance of the city council, or if there is no ((chairman)) chairperson of finance, the city treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board. The members to be elected by the firefighters shall be elected annually for a two year term. The two firefighters elected as members shall, in turn, select a third eligible member who shall serve as an alternate in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighters or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be a member of the board. In case of absence or inability of the ((chairman)) chairperson to act, the board may select a ((chairman)) chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the ((chairman)) chairperson. A majority of the members of the board shall constitute a quorum and have power to transact business.

Sec. 20   RCW 41.16.030 and 2002 c 15 s 1 are each amended to read as follows:
     The board shall meet at least once quarterly, the date to be fixed by regulation of the board, at such other regular times as may be fixed by a regulation of the board; and at any time upon call of the ((chairman)) chairperson, of which due advance notice shall be given the other members of the board.

Sec. 21   RCW 41.16.040 and 1992 c 89 s 1 are each amended to read as follows:
     The board shall have such general powers as are vested in it by the provisions of this chapter, and in addition thereto, the power to:
     (1) Generally supervise and control the administration of this chapter and the ((firemen's)) firefighters' pension fund created hereby.
     (2) Pass upon and allow or disallow all applications for pensions or other benefits provided by this chapter.
     (3) Provide for payment from said fund of necessary expenses of maintenance and administration of said pension system and fund.
     (4) Invest the moneys of the fund in a manner consistent with the investment policies outlined in RCW 35.39.060. Authorized investments shall include investment grade securities issued by the United States, state, municipal corporations, other public bodies, corporate bonds, and other investments authorized by RCW 35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130, 39.60.010, 39.60.020, 68.52.060, 68.52.065, and 72.19.120.
     (5) Employ such agents, employees and other personnel as the board may deem necessary for the proper administration of this chapter.
     (6) Compel witnesses to appear and testify before it, in the same manner as is or may be provided by law for the taking of depositions in the superior court. Any member of the board may administer oaths to witnesses who testify before the board of a nature and in a similar manner to oaths administered by superior courts of the state of Washington.
     (7) Issue vouchers approved by the ((chairman)) chairperson and secretary and to cause warrants therefor to be issued and paid from said fund for the payment of claims allowed by it.
     (8) Keep a record of all its proceedings, which record shall be public; and prepare and file with the city treasurer and city clerk or comptroller prior to the date when any payments are to be made from the fund, a list of all persons entitled to payment from the fund, stating the amount and purpose of such payment, said list to be certified to and signed by the ((chairman)) chairperson and secretary of the board and attested under oath.
     (9) Make rules and regulations not inconsistent with this chapter for the purpose of carrying out and effecting the same.
     (10) Appoint one or more duly licensed and practicing physicians who shall examine and report to the board upon all applications for relief and pension under this chapter. Such physicians shall visit and examine all sick firefighters and ((disabled firemen)) firefighters who are disabled when, in their judgment, the best interests of the relief and pension fund require it or when ordered by the board. They shall perform all operations on such sick and injured ((firemen)) firefighters and render all medical aid and care necessary for the recovery of such ((firemen)) firefighters on account of sickness or disability received while in the performance of duty as defined in this chapter. Such physicians shall be paid from said fund, the amount of said fees or salary to be set and agreed upon by the board and the physicians. No physician not regularly appointed or specially appointed and employed, as hereinafter provided, shall receive or be entitled to any fees or compensation from said fund as attending physician to a sick or injured ((fireman)) firefighter. If any sick or injured ((fireman)) firefighter refuses the services of the appointed physicians, or the specially appointed and employed physician, he or she shall be personally liable for the fees of any other physician employed by him or her. No person shall have a right of action against the board or the municipality for negligence of any physician employed by it. The board shall have the power and authority to select and employ, besides the regularly appointed physician, such other physician, surgeon or specialist for consultation with, or assistance to the regularly appointed physician, or for the purpose of performing operations or rendering services and treatment in particular cases, as it shall deem advisable, and to pay fees for such services from said fund. Said board shall hear and decide all applications for such relief or pensions under this chapter, and its decisions on such applications shall be final and conclusive and not subject to revision or reversal except by the board.

Sec. 22   RCW 41.16.050 and 1999 c 117 s 3 are each amended to read as follows:
     There is hereby created and established in the treasury of each municipality a fund which shall be known and designated as the ((firemen's)) firefighters' pension fund, which shall consist of: (1) All bequests, fees, gifts, emoluments, or donations given or paid thereto; (2) twenty-five percent of all moneys received by the state from taxes on fire insurance premiums; (3) taxes paid pursuant to the provisions of RCW 41.16.060; (4) interest on the investments of the fund; and (5) contributions by firefighters as provided for herein. The moneys received from the tax on fire insurance premiums under the provisions of this chapter shall be distributed in the proportion that the number of paid firefighters in the city, town, or fire protection district bears to the total number of paid firefighters throughout the state to be ascertained in the following manner: The secretary of the ((firemen's)) firefighters' pension board of each city, town, and fire protection district now or hereafter coming under the provisions of this chapter shall within thirty days after June 7, 1961, and on or before the fifteenth day of January thereafter, certify to the state treasurer the number of paid firefighters in the fire department in such city, town, or fire protection district. For any city or town annexed by a fire protection district at any time before, on, or after June 9, 1994, the city or town shall continue to certify to the state treasurer the number of paid firefighters in the city or town fire department immediately before annexation until all obligations against the ((firemen's)) firefighters' pension fund in the city or town have been satisfied. For the purposes of the calculation in this section, the state treasurer shall subtract the number certified by the annexed city or town from the number of paid firefighters certified by an annexing fire protection district. The state treasurer shall on or before the first day of June of each year deliver to the treasurer of each city, town, and fire protection district coming under the provisions of this chapter his or her warrant, payable to each city, town, or fire protection district for the amount due such city, town or fire protection district ascertained as herein provided and the treasurer of each such city, town, or fire protection district shall place the amount thereof to the credit of the ((firemen's)) firefighters' pension fund of such city, town, or fire protection district.

Sec. 23   RCW 41.16.070 and 1947 c 91 s 7 are each amended to read as follows:
     (1) Every ((fireman)) firefighter employed on and after January 1, 1947, shall contribute to the fund and there shall be deducted from his or her pay and placed in the fund an amount in accordance with the following table:

Sec. 24   RCW 41.16.080 and 1959 c 5 s 2 are each amended to read as follows:
     Any ((fireman)) firefighter employed in a fire department on and before the first day of January, 1947, hereinafter in this section and RCW 41.16.090 to 41.16.190 inclusive, referred to as (("fireman",)) "firefighter," and who shall have served twenty-five or more years and having attained the age of fifty-five years, as a member of the fire department, shall be eligible for retirement and shall be retired by the board upon his or her written request. Upon his or her retirement any ((fireman)) firefighter shall be paid a pension based upon the average monthly salary drawn for the five calendar years before retirement, the number of years of his or her service and a percentage factor based upon his or her age on entering service, as follows:

Sec. 25   RCW 41.16.100 and 1973 1st ex.s. c 154 s 62 are each amended to read as follows:
     The widow or widower, child, children or beneficiary of any ((fireman)) firefighter retired under this chapter shall receive an amount equal to his or her accumulated contributions to the fund, plus earned interest thereon compounded semiannually: PROVIDED, That there shall be deducted from said sum the amount paid to decedent in pensions and the remainder shall be paid to his or her widow or widower, child, children or beneficiary: PROVIDED FURTHER, That the amount paid shall not be less than one thousand dollars.

Sec. 26   RCW 41.16.110 and 1959 c 5 s 5 are each amended to read as follows:
     Whenever any ((fireman)) firefighter shall die while eligible to retirement on account of years of service, and shall not have been retired, benefits shall be paid in accordance with RCW 41.16.100.

Sec. 27   RCW 41.16.120 and 1973 1st ex.s. c 154 s 63 are each amended to read as follows:
     Whenever any active ((fireman)) firefighter or ((fireman)) firefighter retired for disability shall die as the result of an accident or other fortuitous event occurring while in the performance of his or her duty, his widow or her widower may elect to accept a monthly pension equal to one-half the deceased ((fireman's)) firefighter's salary but in no case in excess of one hundred fifty dollars per month, or the sum of five thousand dollars cash. The right of election must be exercised within sixty days of the ((fireman's)) firefighter's death. If not so exercised, the pension benefits shall become fixed and shall be paid from the date of death. Such pension shall cease if, and when, he or she remarries. If there is no widow or widower, then such pension benefits shall be paid to his or her child or children.

Sec. 28   RCW 41.16.130 and 1959 c 5 s 7 are each amended to read as follows:
     (1) Any ((fireman)) firefighter who shall become disabled as a result of the performance of his or her duty or duties as defined in this chapter, may be retired at the expiration of six months from the date of his or her disability, upon his or her written request filed with his or her retirement board. The board may upon such request being filed, consult such medical advice as it sees fit, and may have the applicant examined by such physicians as it deems desirable. If from the reports of such physicians the board finds the applicant capable of performing his or her duties in the fire department, the board may refuse to recommend his or her retirement.
     (2) If the board deems it for the good of the fire department or the pension fund, it may recommend the applicant's retirement without any request therefor by him or her, after giving him or her a thirty days' notice. Upon his or her retirement he or she shall be paid a monthly disability pension in amount equal to one-half of his or her monthly salary at date of retirement, but which shall not exceed one hundred fifty dollars a month. If he or she recovers from his or her disability he or she shall thereupon be restored to active service, with the same rank he or she held when he or she retired.
     (3) If the ((fireman)) firefighter dies during disability and not as a result thereof, RCW 41.16.160 shall apply.

Sec. 29   RCW 41.16.140 and 1973 1st ex.s. c 154 s 64 are each amended to read as follows:
     Any ((fireman)) firefighter who has served more than fifteen years and sustains a disability not in the performance of his or her duty which renders him or her unable to continue his or her service, shall within sixty days exercise his or her choice either to receive his or her contribution to the fund, plus earned interest compounded semiannually, or be retired and paid a monthly pension based on the factor of his or her age shown in RCW 41.16.080, times his or her average monthly salary as a member of the fire department of his or her municipality at the date of his or her retirement, times the number of years of service rendered at the time he or she sustained such disability. If such ((fireman)) firefighter shall die leaving surviving him a wife or surviving her a husband, or child or children, then such wife or husband, or if he leaves no wife or she leaves no husband, then his or her child or children shall receive the sum of his or her contributions, plus accumulated compound interest, and such payment shall be reduced in the amount of the payments made to deceased.

Sec. 30   RCW 41.16.145 and 1975-'76 2nd ex.s. c 44 s 1 are each amended to read as follows:
     The amount of all benefits payable under the provisions of RCW 41.16.080, 41.16.120, 41.16.130, 41.16.140 and 41.16.230 ((as now or hereafter amended,)) shall be increased annually as hereafter in this section provided. The local pension board shall meet subsequent to March 31st but prior to June 30th of each year for the purposes of adjusting benefit allowances payable pursuant to the aforementioned sections. The local board shall determine the increase in the consumer price index between January 1st and December 31st of the previous year and increase in dollar amount the benefits payable subsequent to July 1st of the year in which said board makes such determination by a dollar amount proportionate to the increase in the consumer price index: PROVIDED, That regardless of the change in the consumer price index, such increase shall be at least two percent each year such adjustment is made.
     Each year effective with the July payment all benefits specified herein, shall be increased by this section. This benefit increase shall be paid monthly as part of the regular pension payment and shall be cumulative. The increased benefits authorized by this section shall not affect any benefit payable under the provisions of chapter 41.16 RCW in which the benefit payment is attached to a current salary of the rank held at time of retirement. A beneficiary of benefit increases provided for pursuant to this section is hereby authorized to appeal a decision on such increases or the failure of the local pension board to order such increased benefits or the amount of such benefits to the Washington law enforcement officers' and firefighters' system retirement board provided for in RCW 41.26.050.
     For the purpose of this section the term
     "Consumer price index" shall mean, for any calendar year, the consumer price index for the Seattle, Washington area as compiled by the bureau of labor statistics of the United States department of labor.

Sec. 31   RCW 41.16.150 and 1973 1st ex.s. c 154 s 65 are each amended to read as follows:
     (1) Any ((fireman)) firefighter who has served twenty years or more and who shall resign or be dismissed, shall have the option of receiving all his or her contributions plus earned interest compounded semiannually, or a monthly pension in the amount of his or her average monthly salary times the number of years of service rendered, times one and one-half percent. Payment of such pension shall commence at the time of severance from the fire department, or at the age of fifty-five years, whichever shall be later. The ((fireman)) firefighter shall have sixty days from the severance date to elect which option he or she will take. In the event he or she fails to exercise his or her right of election then he or she shall receive the amount of his or her contributions plus accrued compounded interest. In the event he or she elects such pension, but dies before attaining the age of fifty-five, his widow or her widower, or if he leaves no widow or she leaves no widower, then his or her child or children shall receive only his or her contribution, plus accrued compounded interest. In the event he or she elects to take a pension and dies after attaining the age of fifty-five, his widow or her widower, or if he leaves no widow or she leaves no widower, then child or children shall receive his or her contributions, plus accrued compounded interest, less the amount of pension payments made to such ((fireman)) firefighter during his or her lifetime.
     (2) Any ((fireman)) firefighter who shall have served for a period of less than twenty years, and shall resign or be dismissed, shall be paid the amount of his or her contributions, plus accrued compounded interest.

Sec. 32   RCW 41.16.160 and 1973 1st ex.s. c 154 s 66 are each amended to read as follows:
     Whenever any ((fireman)) firefighter, after four years of service, shall die from natural causes, or from an injury not sustained in the performance of his or her duty and for which no pension is provided in this chapter, and who has not been retired on account of disability, his widow or her widower, if he or she was his wife or her husband at the time he or she was stricken with his or her last illness, or at the time he or she received the injuries from which he or she died; or if there is no such widow, then his or her child or children shall be entitled to the amount of his or her contributions, plus accrued compounded interest, or the sum of one thousand dollars, whichever sum shall be the greater. In case of death as above stated, before the end of four years of service, an amount based on the proportion of the time of service to four years shall paid such beneficiaries.

Sec. 33   RCW 41.16.170 and 1973 1st ex.s. c 154 s 67 are each amended to read as follows:
     Whenever a ((fireman)) firefighter dies leaving no widow or widower or children, the amount of his or her accumulated contributions, plus accrued compounded interest only, shall be paid his or her beneficiary.

Sec. 34   RCW 41.16.180 and 1959 c 5 s 12 are each amended to read as follows:
     Upon the death of any active firefighter, ((disabled)) firefighter who is disabled, or retired ((fireman)) firefighter, the board shall pay from the fund the sum of two hundred dollars to assist in defraying the funeral expenses of such ((fireman)) firefighter.

Sec. 35   RCW 41.16.190 and 1959 c 5 s 13 are each amended to read as follows:
     No ((fireman)) firefighter disabled in the performance of duty shall receive a pension until six months has elapsed after such disability was sustained. Therefore, whenever the retirement board, pursuant to examination by the board's physician and such other evidence as it may require, shall find a ((fireman)) firefighter has been disabled while in the performance of his or her duties, it shall declare him or her inactive. For a period of six months from the time he or she became disabled, he or she shall continue to draw full pay from his or her municipality and in addition thereto he or she shall, at the expense of the municipality, be provided with such medical, hospital and nursing care as the retirement board deems proper. If the board finds at the expiration of six months that the ((fireman)) firefighter is unable to return to and perform his or her duties, then he or she shall be retired as herein provided.

Sec. 36   RCW 41.16.200 and 1947 c 91 s 9 are each amended to read as follows:
     The board shall require all ((firemen)) firefighters receiving disability pensions to be examined every six months. All such examinations shall be made by physicians duly appointed by the board. If a ((fireman)) firefighter shall fail to submit to such examination within ten days of having been so ordered in writing by said retirement board all pensions or benefits paid to said ((fireman)) firefighter under this chapter, shall immediately cease and the disbursing officer in charge of such payments shall issue no further payments to such ((fireman)) firefighter. If such ((fireman)) firefighter fails to present himself or herself for examination within thirty days after being ordered so to do, he or she shall forfeit all rights under this chapter. If such ((fireman)) firefighter, upon examination as aforesaid, shall be found fit for service, he or she shall be restored to duty in the same rank held at the time of his or her retirement, or if unable to perform the duties of said rank, then, at his or her request, in such other rank, the duties of which he or she is then able to perform. The board shall thereupon so notify the ((fireman)) firefighter and shall require him or her to resume his or her duties as a member of the fire department. If, upon being so notified, such member shall fail to report for employment within ten days, he or she shall forfeit all rights to any benefits under this chapter.

Sec. 37   RCW 41.16.210 and 1947 c 91 s 10 are each amended to read as follows:
     (1) Funds or assets on hand in the ((firemen's)) firefighters' relief and pension fund of any municipality established under the provisions of chapter 50, Laws of 1909, as amended, after payment of warrants drawn upon and payable therefrom, shall, by the city treasurer, be transferred to and placed in the ((firemen's)) firefighters' pension fund created by this chapter; and the ((firemen's)) firefighters' pension fund created by this chapter shall be liable for and there shall be paid therefrom in the order of their issuance any and all unpaid warrants drawn upon said ((firemen's)) firefighters' relief and pension fund.
     (2) Any moneys loaned or advanced by a municipality from the general or any other fund of such municipality to the ((firemen's)) firefighters' relief and pension fund created under the provisions of chapter 50, Laws of 1909, as amended, and not repaid shall be an obligation of the ((firemen's)) firefighters' pension fund created under this chapter, and shall at such times and in such amounts as is directed by the board be repaid.

Sec. 38   RCW 41.16.220 and 1969 ex.s. c 269 s 7 are each amended to read as follows:
     Any person who was a member of the fire department and within the provisions of chapter 50, Laws of 1909, as amended, at the time he or she entered, and who is a veteran, as defined in RCW 41.04.005, shall have added and accredited to his or her period of employment as a ((fireman)) firefighter as computed under this chapter his or her period of war service in such armed forces upon payment by him or her of his or her contribution for the period of his or her absence, at the rate provided by chapter 50, Laws of 1909, as amended, for other members: PROVIDED, HOWEVER, Such accredited service shall not in any case exceed five years.

Sec. 39   RCW 41.16.230 and 1973 1st ex.s. c 154 s 68 are each amended to read as follows:
     Chapter 50, Laws of 1909; chapter 196, Laws of 1919; chapter 86, Laws of 1929, and chapter 39, Laws of 1935 (secs. 9559 to 9578, incl., Rem. Rev. Stat.; secs. 396-1 to 396-43, incl., PPC) and all other acts or parts of acts in conflict herewith are hereby repealed: PROVIDED, That the repeal of said laws shall not affect any (("prior fireman",)) "prior firefighter," his widow, her widower, child or children, any ((fireman)) firefighter eligible for retirement but not retired, his widow, her widower, child or children, or the rights of any retired ((fireman)) firefighter, his widow, her widower, child or children, to receive payments and benefits from the ((firemen's)) firefighters' pension fund created under this chapter, in the amount, and in the manner provided by said laws which are hereby repealed and as if said laws had not been repealed.

Sec. 40   RCW 41.16.250 and 1963 c 63 s 1 are each amended to read as follows:
     If all or any portion of a fire protection district is annexed to or incorporated into a city or town, or is succeeded by a metropolitan municipal corporation or county fire department, no full time paid ((fireman)) firefighter affected by such annexation, incorporation or succession shall receive a reduction in his or her retirement and job security rights: PROVIDED, That this section shall not apply to any retirement and job security rights authorized under chapter 41.24 RCW.

Sec. 41   RCW 41.18.010 and 1973 1st ex.s. c 154 s 69 are each amended to read as follows:
     For the purpose of this chapter, unless clearly indicated otherwise by the context, words and phrases shall have the meaning hereinafter ascribed.
     (1) "Beneficiary" shall mean any person or persons designated by a ((fireman)) firefighter in a writing filed with the board, and who shall be entitled to receive any benefits of a deceased ((fireman)) firefighter under this chapter.
     (2) (("Fireman")) "Firefighter" means any person hereafter regularly or temporarily, or as a substitute newly employed and paid as a member of a fire department, who has passed a civil service examination for ((fireman)) firefighters and who is actively employed as a ((fireman)) firefighter or, if provided by the municipality by appropriate local legislation, as a fire dispatcher: PROVIDED, Nothing in this 1969 amendatory act shall impair or permit the impairment of any vested pension rights of persons who are employed as fire dispatchers at the time this 1969 amendatory act takes effect; and any person heretofore regularly or temporarily, or as a substitute, employed and paid as a member of a fire department, and who has contributed under and been covered by the provisions of chapter 41.16 RCW as now or hereafter amended and who has come under the provisions of this chapter in accordance with RCW 41.18.170 and who is actively engaged as a ((fireman)) firefighter or as a member of the fire department as a ((fireman)) firefighter or fire dispatcher.
     (3) "Retired ((fireman)) firefighter" means and includes a person employed as a ((fireman)) firefighter and retired under the provisions of this chapter.
     (4) "Basic salary" means the basic monthly salary, including longevity pay, attached to the rank held by the retired ((fireman)) firefighter at the date of his or her retirement, without regard to extra compensation which such ((fireman)) firefighter may have received for special duties assignments not acquired through civil service examination: PROVIDED, That such basic salary shall not be deemed to exceed the salary of a battalion chief.
     (5) "Widow or widower" means the surviving spouse of a ((fireman)) firefighter and shall include the surviving wife or husband of a ((fireman)) firefighter, retired on account of length of service, who was lawfully married to him or to her for a period of five years prior to the time of his or her retirement; and the surviving wife or husband of a ((fireman)) firefighter, retired on account of disability, who was lawfully married to him or her at and prior to the time he or she sustained the injury or contracted the illness resulting in his or her disability. The word shall not mean the divorced wife or husband of an active or retired ((fireman)) firefighter.
     (6) "Child" or "children" means a ((fireman's)) firefighter's child or children under the age of eighteen years, unmarried, and in the legal custody of such ((fireman)) firefighter at the time of his death or her death.
     (7) "Earned interest" means and includes all annual increments to the ((firemen's)) firefighters' pension fund from income earned by investment of the fund. The earned interest payable to any ((fireman)) firefighter when he or she leaves the service and accepts his or her contributions, shall be that portion of the total earned income of the fund which is directly attributable to each individual ((fireman's)) firefighter's contributions. Earnings of the fund for the preceding year attributable to individual contributions shall be allocated to individual ((firemen's)) firefighters' accounts as of January 1st of each year.
     (8) "Board" shall mean the municipal ((firemen's)) firefighters' pension board.
     (9) "Contributions" shall mean and include all sums deducted from the salary of ((firemen)) firefighters and paid into the fund as hereinafter provided.
     (10) "Disability" shall mean and include injuries or sickness sustained by a ((fireman)) firefighter.
     (11) "Fire department" shall mean the regularly organized, full time, paid, and employed force of ((firemen)) firefighters of the municipality.
     (12) "Fund" shall have the same meaning as in RCW 41.16.010 as now or hereafter amended. Such fund shall be created in the manner and be subject to the provisions specified in chapter 41.16 RCW as now or hereafter amended.
     (13) "Municipality" shall mean every city, town and fire protection district having a regularly organized full time, paid, fire department employing ((firemen)) firefighters.
     (14) "Performance of duty" shall mean the performance of work or labor regularly required of ((firemen)) firefighters and shall include services of an emergency nature normally rendered while off regular duty.

Sec. 42   RCW 41.18.015 and 1992 c 6 s 1 are each amended to read as follows:
     There is hereby created in each fire protection district which qualifies under this chapter, a ((firemen's)) firefighters' pension board to consist of the following five members, the ((chairman)) chairperson of the fire commissioners for said district who shall be ((chairman)) chairperson of the board, the county auditor, county treasurer, and in addition, two regularly employed or retired firefighters elected by secret ballot of the employed and retired firefighters. Retired members who are subject to the jurisdiction of the pension board have both the right to elect and the right to be elected under this section. The first members to be elected by the firefighters shall be elected annually for a two-year term. The two firefighter elected members shall, in turn, select a third eligible member who shall serve in the event of an absence of one of the regularly elected members. In case a vacancy occurs in the membership of the firefighter or retired members, the members shall in the same manner elect a successor to serve the unexpired term. The board may select and appoint a secretary who may, but need not be a member of the board. In case of absence or inability of the ((chairman)) chairperson to act, the board may select a ((chairman)) chairperson pro tempore who shall during such absence or inability perform the duties and exercise the powers of the ((chairman)) chairperson. A majority of the members of said board shall constitute a quorum and have power to transact business.

Sec. 43   RCW 41.18.020 and 1955 c 382 s 2 are each amended to read as follows:
     The board, in addition to such general and special powers as are vested in it by the provisions of chapter 41.16 RCW, which powers the board shall have with respect to this chapter shall have power to:
     (1) Generally supervise and control the administration of this chapter;
     (2) Pass upon and allow or disallow applications for pensions or other benefits provided by this chapter;
     (3) Provide for payment from the ((firemen's)) firefighters' pension fund of necessary expenses of maintenance and administration required by the provisions of this chapter;
     (4) Make rules and regulations not inconsistent with this chapter for the purpose of carrying out and effecting the same;
     (5) Require the physicians appointed under the provisions of chapter 41.16 RCW, to examine and report to the board upon all applications for relief and pensions under this chapter; and
     (6) Perform such acts, receive such compensation and enjoy such immunity as provided in RCW 41.16.040.

Sec. 44   RCW 41.18.030 and 1961 c 255 s 2 are each amended to read as follows:
     Every ((fireman)) firefighter to whom this chapter applies shall contribute to the ((firemen's)) firefighters' pension fund a sum equal to six percent of his or her basic salary which shall be deducted therefrom and placed in the fund.

Sec. 45   RCW 41.18.040 and 1973 1st ex.s. c 154 s 70 are each amended to read as follows:
     Whenever any ((fireman)) firefighter, at the time of taking effect of this act or thereafter, shall have been appointed under civil service rules and have served for a period of twenty-five years or more as a member in any capacity of the regularly constituted fire department of any city, town or fire protection district which may be subject to the provisions of this chapter, and shall have attained the age of fifty years, he or she shall be eligible for retirement and shall be retired by the board upon his or her written request. Upon his or her retirement such ((fireman)) firefighter shall be paid a monthly pension which shall be equal to fifty percent of the basic salary now or hereafter attached to the same rank and status held by the said ((fireman)) firefighter at the date of his or her retirement: PROVIDED, That a ((fireman)) firefighter hereafter retiring who has served as a member for more than twenty-five years, shall have his or her pension payable under this section increased by two percent of the basic salary per year for each full year of such additional service to a maximum of five additional years.
     Upon the death of any such retired ((fireman)) firefighter, his or her pension shall be paid to his widow or her widower, at the same monthly rate that the retired ((fireman)) firefighter would have received had he or she lived, if such widow or widower was his wife or her husband for a period of five years prior to the time of his or her retirement. If there be no widow or widower, then such monthly payments shall be distributed to and divided among his or her children, share and share alike, until they reach the age of eighteen or are married, whichever occurs first.

Sec. 46   RCW 41.18.045 and 1973 1st ex.s. c 154 s 71 are each amended to read as follows:
     Upon the death of a ((fireman)) firefighter who is eligible to retire under RCW 41.18.040 as now or hereafter amended, but who has not retired, a pension shall be paid to his widow or her widower at the same monthly rate that he or she was eligible to receive at the time of his or her death, if such widow or widower was his wife or her husband for a period of five years prior to his or her death. If there be no widow or widower, then such monthly payments shall be distributed to and divided among his or her children, share and share alike, until they reach the age of eighteen or are married, whichever comes first.
     This section shall apply retroactively for the benefit of all widows or widowers and survivors of ((firemen)) firefighters who died after January 1, 1967, if such ((firemen)) firefighters were otherwise eligible to retire on the date of death.

Sec. 47   RCW 41.18.050 and 1955 c 382 s 5 are each amended to read as follows:
     Every ((fireman)) firefighter who shall become disabled as a result of the performance of duty may be retired at the expiration of six months from the date of his or her disability, upon his or her written request filed with his or her retirement board. The board may, upon such request being filed, consult such medical advice as it sees fit, and may have the applicant examined by such physicians as it deems desirable. If from the reports of such physicians the board finds the applicant capable of performing his or her duties in the fire department, the board may refuse to recommend his or her retirement. If, after the expiration of six months from the date of his or her disability, the board deems it for the good of the fire department or the pension fund it may recommend the retirement of a ((fireman)) firefighter disabled as a result of the performance of duty without any request for the same by him or her, and after having been given by the board a thirty days' written notice of such recommendation he or she shall be retired.

Sec. 48   RCW 41.18.060 and 1992 c 22 s 1 are each amended to read as follows:
     Whenever the retirement board, pursuant to examination by the board's physician and such other evidence as it may require, shall find a firefighter has been disabled while in the performance of his or her duties it shall declare the firefighter inactive. For a period of six months from the time of the disability the firefighter shall draw from the pension fund a disability allowance equal to his or her basic monthly salary and, in addition, shall be provided with medical, hospital and nursing care as long as the disability exists. The board may, at its discretion, elect to reimburse the ((disabled)) firefighter who is disabled for premiums the firefighter has paid for medical insurance that supplements medicare, including premiums the firefighter has paid for medicare part B coverage. If the board finds at the expiration of six months that the firefighter is unable to return to and perform his or her duties, the firefighter shall be retired at a monthly sum equal to fifty percent of the amount of his or her basic salary at any time thereafter attached to the rank which he or she held at the date of retirement: PROVIDED, That where, at the time of retirement hereafter for disability under this section, the firefighter has served honorably for a period of more than twenty-five years as a member, in any capacity of the regularly constituted fire department of a municipality, the firefighter shall have his or her pension payable under this section increased by two percent of his or her basic salary per year for each full year of additional service to a maximum of five additional years.

Sec. 49   RCW 41.18.080 and 1973 1st ex.s. c 154 s 72 are each amended to read as follows:
     Any ((fireman)) firefighter who has completed his or her probationary period and has been permanently appointed, and sustains a disability not in the performance of his or her duty which renders him or her unable to continue his or her service, may request to be retired by filing a written request with his or her retirement board within sixty days from the date of his or her disability. The board may, upon such request being filed, consult such medical advice as it deems fit and proper. If the board finds the ((fireman)) firefighter capable of performing his or her duties, it may refuse to recommend retirement and order the ((fireman)) firefighter back to duty. If no request for retirement has been received after the expiration of sixty days from the date of his or her disability, the board may recommend retirement of the ((fireman)) firefighter. The board shall give the ((fireman)) firefighter a thirty-day written notice of its recommendation, and he or she shall be retired upon expiration of said notice. Upon retirement he or she shall receive a pension equal to fifty percent of his or her basic salary. For a period of ninety days following such disability the ((fireman)) firefighter shall receive an allowance from the fund equal to his or her basic salary. He or she shall during said ninety days be provided with such medical, hospital, and nursing care as the board deems proper. No funds shall be expended for such disability if the board determines that the ((fireman)) firefighter was gainfully employed or engaged for compensation in other than fire department duty when the disability occurred, or if such disability was the result of dissipation or abuse. Whenever any ((fireman)) firefighter shall die as a result of a disability sustained not in the line of duty, his widow or her widower shall receive a monthly pension equal to one-third of his or her basic salary until remarried; if such widow or widower has dependent upon her or him for support a child or children of such deceased ((fireman)) firefighter, he or she shall receive an additional pension as follows: One child, one-eighth of the deceased's basic salary; two children, one-seventh; three or more children, one-sixth. If there be no widow or widower, monthly payments equal to one-third of the deceased ((fireman's)) firefighter's basic salary shall be made to his or her child or children. The widow or widower may elect at any time in writing to receive a cash settlement, and if the board after hearing finds it financially beneficial to the pension fund, he or she may receive the sum of five thousand dollars cash in lieu of all future monthly pension payments, and other benefits, including benefits to any child and/or children.

Sec. 50   RCW 41.18.090 and 1955 c 382 s 15 are each amended to read as follows:
     The board shall require all ((firemen)) firefighters receiving disability pensions to be examined every six months: PROVIDED, That no such examinations shall be required if upon certification by physicians the board shall formally enter upon its records a finding of fact that the disability is and will continue to be of such a nature that return to active duty can never reasonably be expected. All examinations shall be made by physicians duly appointed by the board. If a ((fireman)) firefighter shall willfully fail to present himself or herself for examination, within thirty days after being ordered so to do, he or she shall forfeit all rights under this chapter. If such ((fireman)) firefighter, upon examination as aforesaid, shall be found fit for service, he or she shall be restored to duty in the same rank held at the time of his or her retirement, or if unable to perform the duties of said rank then, at his or her request, in such other like or lesser rank as may be or become open and available, the duties of which he or she is then able to perform. The board shall thereupon so notify the ((fireman)) firefighter and shall require him or her to resume his or her duties as a member of the fire department. If, upon being so notified, such member shall willfully fail to report for employment within ten days, he or she shall forfeit all rights to any benefit under this chapter.

Sec. 51   RCW 41.18.100 and 1975 1st ex.s. c 178 s 4 are each amended to read as follows:
     In the event a ((fireman)) firefighter is killed in the performance of duty, or in the event a ((fireman)) firefighter retired on account of service connected disability shall die from any cause, his widow or her widower shall receive a monthly pension under one of the following applicable provisions: (1) If a ((fireman)) firefighter is killed in the line of duty his widow or her widower shall receive a monthly pension equal to fifty percent of his or her basic salary at the time of his or her death; (2) if a ((fireman)) firefighter who has retired on account of a service connected disability dies, his widow or her widower shall receive a monthly pension equal to the amount of the monthly pension such retired ((fireman)) firefighter was receiving at the time of his or her death. If she or he at any time so elects in writing and the board after hearing finds it to be financially beneficial to the pension fund, he or she may receive in lieu of all future monthly pension and other benefits, including benefits to child or children, the sum of five thousand dollars in cash. If there be no widow or widower at the time of such ((fireman's)) firefighter's death or upon the widow's or widower's death the monthly pension benefits hereinabove provided for shall be paid to and divided among his or her child or children share and share alike, until they reach the age of eighteen or are married, whichever occurs first. The widow's or widower's monthly pension benefit, including increased benefits to his or her children shall cease if and when he or she remarries: PROVIDED, That no pension payable under the provisions of this section shall be less than that specified under RCW 41.18.200.

Sec. 52   RCW 41.18.102 and 1969 ex.s. c 209 s 32 are each amended to read as follows:
     The provisions of RCW 41.18.040 and 41.18.100 shall be applicable to all ((firemen)) firefighters employed prior to March 1, 1970, but shall not apply to any former ((fireman)) firefighter who has terminated his or her employment prior to July 1, 1969.

Sec. 53   RCW 41.18.130 and 1969 ex.s. c 209 s 31 are each amended to read as follows:
     Any ((fireman)) firefighter who shall have served for a period of less than twenty-five years, or who shall be less than fifty years of age, and shall resign, or be dismissed from the fire department for a reason other than conviction for a felony, shall be paid the amount of his or her contributions to the fund plus earned interest: PROVIDED, That in the case of any ((fireman)) firefighter who has completed twenty years of service, such ((fireman)) firefighter, upon termination for any cause except for a conviction of a felony, shall have the option of electing, in lieu of recovery of his or her contributions as herein provided, to be classified as a vested ((fireman)) firefighter in accordance with the following provisions:
     (1) Written notice of such election shall be filed with the board within thirty days after the effective date of such ((fireman's)) firefighter's termination;
     (2) During the period between the date of his or her termination and the date upon which he or she becomes a retired ((fireman)) firefighter as hereinafter provided, such vested ((fireman)) firefighter and his or her spouse or dependent children shall be entitled to all benefits available under chapter 41.18 RCW to a retired ((fireman)) firefighter and his or her spouse or dependent children with the exception of the service retirement allowance as herein provided for: PROVIDED, That any claim for medical coverage under RCW 41.18.060 shall be attributable to service connected illness or injury;
     (3) Any ((fireman)) firefighter electing to become a vested ((fireman)) firefighter shall be entitled at such time as he or she otherwise would have completed twenty-five years of service had he or she not terminated, to receive a service retirement allowance computed on the following basis: Two percent of the amount of salary attached to the position held by the vested ((fireman)) firefighter for the year preceding the date of his or her termination, for each year of service rendered prior to the date of his or her termination.

Sec. 54   RCW 41.18.140 and 1961 c 255 s 7 are each amended to read as follows:
     The board shall pay from the ((firemen's)) firefighters' pension fund upon the death of any active or retired ((fireman)) firefighter the sum of five hundred dollars, to assist in defraying the funeral expenses of such ((fireman)) firefighter.

Sec. 55   RCW 41.18.150 and 1955 c 382 s 14 are each amended to read as follows:
     Every person who was a member of the fire department at the time he or she entered and served in the armed forces of the United States in time of war, whether as a draftee, or inductee, and who shall have been discharged from such armed forces under conditions other than dishonorable, shall have added and accredited to his or her period of employment as a ((fireman)) firefighter his or her period of war or peacetime service in the armed forces: PROVIDED, That such added and accredited service shall not as to any individual exceed five years.

Sec. 56   RCW 41.18.160 and 1955 c 382 s 17 are each amended to read as follows:
     Every ((fireman)) firefighter as defined in this chapter heretofore employed as a member of a fire department, whether or not as a prior ((fireman)) firefighter as defined in chapter 41.16 RCW, who desires to make the contributions and avail himself or herself of the pension and other benefits of said chapter 41.16 RCW, can do so by handing to and leaving with the ((firemen's)) firefighters' pension board of his or her municipality a written notice of such intention within sixty days of the effective date of this chapter, or if he or she was on disability retirement under chapter 41.16 RCW, at the effective date of this chapter and has been recalled to active duty by the retirement board, shall give such notice within sixty days of his or her return to active duty, and not otherwise.

Sec. 57   RCW 41.18.165 and 1959 c 69 s 1 are each amended to read as follows:
     Every person who was a member of a fire-fighting organization operated by a private enterprise, which fire-fighting organization shall be hereafter acquired before September 1, 1959, by a municipality as its fire department as a matter of public convenience or necessity, where it is in the public interest to retain the trained personnel of such fire-fighting organization, shall have added and accredited to his or her period of employment as a ((fireman)) firefighter his or her period of service with said private enterprise, except that this shall apply only to those persons who are in the service of such fire-fighting organization at the time of its acquisition by the municipality and who remain in the service of that municipality until this chapter shall become applicable to such persons.
     No such person shall have added and accredited to his or her period of employment as a ((fireman)) firefighter his or her period of service with said private enterprise unless he, she, or a third party shall pay to the municipality his or her contribution for the period of such service with the private enterprise at the rate provided in RCW 41.18.030, or, if he or she shall be entitled to any private pension or retirement benefits as a result of such service with the private enterprise, unless he or she agrees at the time of his or her employment by the municipality to accept a reduction in the payment of any benefits payable under this chapter that are based in whole or in part on such added and accredited service by the amount of those private pension or retirement benefits received. For the purposes of RCW 41.18.030, the date of entry of service shall be deemed the date of entry into service with the private enterprise, which service is accredited by this section, and the amount of contributions for the period of accredited service shall be based on the wages or salary of such person during that added and accredited period of service with the private enterprise.
     The city may receive payments for these purposes from a third party and shall make from such payments contributions with respect to such prior service as may be necessary to enable the fund to assume its obligations.

Sec. 58   RCW 41.18.170 and 1955 c 382 s 16 are each amended to read as follows:
     The provisions of this chapter governing contributions, pensions, and benefits shall have exclusive application (1) to ((firemen)) firefighters as defined in this chapter hereafter becoming members of a fire department, (2) to ((firemen)) firefighters as defined in this chapter heretofore employed in a department who have not otherwise elected as provided for in RCW 41.18.160, and (3) to ((firemen)) firefighters on disability retirement under chapter 41.16 RCW, at the effective date of this chapter, who thereafter shall have been returned to active duty by the retirement board, and who have not otherwise elected as provided for in RCW 41.18.160 within sixty days after return to active duty.

Sec. 59   RCW 41.18.180 and 1961 c 255 s 12 are each amended to read as follows:
     Any ((fireman)) firefighter who has made contributions under any prior act may elect to avail himself or herself of the benefits provided by this chapter or under such prior act by filing written notice with the board within sixty days from the effective date of this 1961 amendatory act: PROVIDED, That any ((fireman)) firefighter who has received refunds by reason of selecting the benefits of prior acts shall return the amount of such refunds as a condition to coverage under this 1961 amendatory act.

Sec. 60   RCW 41.18.190 and 1969 ex.s. c 209 s 41 are each amended to read as follows:
     Any ((fireman)) firefighter as defined in RCW 41.18.010 who has prior to July 1, 1969 been employed as a member of a fire department and who desires to make contributions and avail himself or herself of the pension and other benefits of chapter 41.18 RCW as now law or hereafter amended, may transfer his or her membership from any other pension fund, except the Washington law enforcement officers' and firefighters' retirement system, to the pension fund provided in chapter 41.18 RCW: PROVIDED, That such ((fireman)) firefighter transmits written notice of his or her intent to transfer to the pension board of his or her municipality prior to September 1, 1969.

Sec. 61   RCW 41.18.210 and 1974 ex.s. c 148 s 1 are each amended to read as follows:
     Any former employee of a department of a city of the first class, who (1) was a member of the employees' retirement system of such city, and (2) is now employed within the fire department of such city, may transfer his or her former membership credit from the city employees' retirement system to the ((fireman's)) firefighter's pension system created by chapters 41.16 and 41.18 RCW by filing a written request with the board of administration and the municipal ((fireman's)) firefighters' pension board, respectively.
     Upon the receipt of such request, the transfer of membership to the city's ((fireman's)) firefighter's pension system shall be made, together with a transfer of all accumulated contributions credited to such member. The board of administration shall transmit to the municipal ((fireman's)) firefighters' pension board a record of service credited to such member which shall be computed and credited to such member as a part of his or her period of employment in the city's ((fireman's)) firefighter's pension system. For the purpose of the transfer contemplated by this section, those affected individuals who have formerly withdrawn funds from the city employees' retirement system shall be allowed to restore contributions withdrawn from that retirement system directly to the ((fireman's)) firefighter's pension system and receive credit in the ((fireman's)) firefighter's pension system for their former membership service in the prior system.
     Any employee so transferring shall have all the rights, benefits, and privileges that he or she would have been entitled to had he or she been a member of the city's ((fireman's)) firefighter's pension system from the beginning of his or her employment with the city.
     No person so transferring shall thereafter be entitled to any other public pension, except that provided by chapter 41.26 RCW or social security, which is based upon such service with the city.
     The right of any employee to file a written request for transfer of membership as set forth in this section shall expire December 31, 1974.