Discontinuance of membership of terminally ill member
Seattle Mun. Code § 4.36.675
in effect4.36.675 - Discontinuance of membership of terminally ill member
A. Authority. The Board of Administration may in its discretion authorize an employee to discontinue the employee's membership in the City Employee's Retirement System and it may refund all contributions that the employee has made, together with interest thereon, if the employee makes written application therefor and all the conditions in subsection 4.36.675.B are met.
B. Conditions and application. The member's application shall be accompanied by the following documents:
1. Competent medical evidence that the member is suffering from a terminal illness or condition, that is, a disease or infirmity which will most probably cause death within two years, and the member's prospects of recovery or a longer life span are low;
2. The member's acknowledgment that, by discontinuing membership in the system, the member will become ineligible for all retirement benefits under the system; for death benefits under Sections 4.36.690 through 4.36.695; and for reentry into the system under Section 4.36.567 for one year, and then may reenter only with consent of the Board; that, if the member has a spouse or domestic partner, discontinuing membership will render the member's spouse or domestic partner ineligible for spousal or domestic partner benefits upon a member's death or disability; and that refund of the member's contributions may result in withholdings, taxes, and penalties under the Internal Revenue Code; and
3. If the member is married, a signed written consent of the member's spouse to the member's discontinuance of membership and withdrawal of contributions, including an acknowledgment that discontinuing the employee's membership may forgo spousal benefits in event of the employee's death.
C. Examination. The Board may require an applicant to undergo a physical examination by a physician selected by the Board and/or require the applicant to permit verification of the applicant's medical condition by allowing an examination of the applicant's medical records or an interview with the applicant's doctor or caregiver.
D. Reentry/redeposit. After the lapse of one year, the Board of Administration may in its discretion allow a member who has discontinued membership and recovers from terminal illness to reenter the City Employee's Retirement System. If the member's application is granted, the member upon commencement of making contributions to the retirement fund shall accrue service credit from the date of reentry into the system, provided, that if the member's application for reentry occurs within three years after the date of the member's discontinuance of membership, the Board may allow the member to make redeposit into the retirement fund of the member's withdrawn contributions plus interest in the manner contemplated by Section 4.36.567, and, upon completing all such payments, thereby acquire creditable service for the earlier period.
E. Discretionary determination. This Section 4.36.675 confers enabling authority on the Board to be exercised in extraordinary circumstances and it imposes no duty upon the Board to grant any particular application. The Board's decision upon an application shall be final.
(Ord. 125109, § 48, 2016; Ord. 124574, § 26, 2014; Ord. 119707 § 3, 1999; Ord. 117302, § 1, 1994.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.36CIEMRESY_4.36.675DIMETEILMEFetched: 11/1/2026