1212 AMS LCCP S2644.1

HB 1212  - S COMM AMD
     By Committee on Labor, Commerce & Consumer Protection

ADOPTED 04/13/2009

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) The legislature finds that the current system of stopping payment of industrial insurance death benefits to surviving spouses upon the remarriage of the surviving spouse may be based on archaic notions that are not in-line with modern society. Many pension programs, including the law enforcement officers' and firefighters' retirement system, have removed the remarriage prohibition and allow surviving spouses to continue to receive benefits after remarriage. The legislature further finds that some surviving spouses of law enforcement officers' and firefighters' retirement system members have expressed concerns that terminating benefits upon remarriage penalizes the spouse for moving on with his or her life. The legislature declares that it is time to study the policy of terminating industrial insurance death benefits upon remarriage of the surviving spouse and determine whether changes need to be made to the workers' compensation system.
     (2) The workers' compensation advisory committee must study the current practice of terminating industrial insurance death benefits upon remarriage of the surviving spouse of a law enforcement officers' and firefighters' retirement system member. The study must address the following:
     (a) The reasons behind the policy of terminating death benefits upon remarriage of the surviving spouse;
     (b) Potential costs to the workers' compensation system if industrial insurance death benefits are continued after remarriage of the surviving spouse of a law enforcement officers' and firefighters' retirement system member, and potential costs if this policy were applied to all workers;
     (c) Methods to offset potential costs, including providing a reduced benefit if the surviving spouse chooses to receive benefits for life;
     (d) How workers' compensation death benefits are administered in other states and whether any state continues these benefits after remarriage; and
     (e) Such other items the workers' compensation advisory committee deems necessary.
     (3) The workers' compensation advisory committee must report its findings to the appropriate committees of the legislature by December 1, 2010.
     (4) This section expires January 1, 2011."

HB 1212  - S COMM AMD
     By Committee on Labor, Commerce & Consumer Protection

ADOPTED 04/13/2009

     On page 1, line 3 of the title, after "system;" strike the remainder of the title and insert "creating a new section; and providing an expiration date."

EFFECT:  Requires the Workers' Compensation Advisory Committee to study issues relating to allowing a surviving spouse to continue to receive industrial insurance death benefits after remarriage. The committee must consider potential costs to the workers' compensation system as a whole and as it relates to providing this benefit to LEOFF members only. The committee must also study how other states administer their workers' compensation death benefits and ways to offset costs in this state. A report must be given to the legislature by December 1, 2010.

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