Wash. Admin. Code § 415-104-481

Current through Register Vol. 24-23, December 1, 2024

Section 415-104-481 - Does my disability qualify as a nonduty LEOFF Plan 2 disability?

This section applies to you if you are a LEOFF Plan 2 member who becomes disabled not in the line of duty.

(1)Who is entitled to nonduty disability benefits? Any member of LEOFF Plan 2 who the department determines has become totally incapacitated to perform the essential functions of his or her LEOFF Plan 2 eligible position as a result of their disability, but did not have the qualifying disability occur in the line of duty, is entitled to a nonduty disability per RCW 41.26.470(1).

(2)What if I have a preexisting condition or conditions? The presence of a preexisting condition does not disqualify a member from receiving benefits.

Example: A LEOFF Plan 2 member has asymptomatic congenital osteoarthritis, a degenerative joint disease. While off duty, the member suffered a knee injury. Absent the osteoarthritis, the knee injury may not have been disabling. However, the preexisting degenerative joint disease prevented full recovery from the injury, leaving the member unable to resume LEOFF duties. In this case, the member could qualify for a LEOFF Plan 2 nonduty disability benefit.

Wash. Admin. Code § 415-104-481

Adopted by WSR 18-13-078, Filed 6/15/2018, effective 7/16/2018