(1) An ex spouse of a law enforcement officers’ and firefighters’ retirement system retiree shall qualify as surviving spouse under RCW 41.26.160 or 41.26.161 if the ex spouse has been provided benefits under any currently effective court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation. Such an ex spouse shall continue to receive the court-awarded portion of the member‘s benefit after the member’s death as if the member was still alive.

Terms Used In Washington Code 41.26.162

  • Member: means any firefighter, law enforcement officer, or other person as would apply under subsection (17) or (19) of this section whose membership is transferred to the Washington law enforcement officers' and firefighters' retirement system on or after March 1, 1970, and every law enforcement officer and firefighter who is employed in that capacity on or after such date. See Washington Code 41.26.030
  • Retirement system: means the "Washington law enforcement officers' and firefighters' retirement system" provided herein. See Washington Code 41.26.030
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Surviving spouse: means the surviving widow or widower of a member. See Washington Code 41.26.030
(2) An ex spouse whose benefit resumes as a result of chapter 62, Laws of 2005 shall receive an initial payment equivalent to that portion of the member’s benefit received prior to its suspension. The benefit will not be adjusted under RCW 41.26.240 for the period the allowance was suspended.
(3) Chapter 62, Laws of 2005 shall not result in the payment of benefits for the period during which benefits were suspended.
(4) This section shall apply retroactively.
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