S-1362.1  _______________________________________________

                         SENATE BILL 5723

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senator Swecker

Read first time 02/10/97.  Referred to Committee on Commerce & Labor.

Revising industrial insurance compensation for beneficiaries and dependents who are nonresident aliens.

    AN ACT Relating to industrial insurance compensation for beneficiaries and dependents who are nonresident aliens; and amending RCW 51.32.140 and 51.08.050.

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

    Sec. 1.  RCW 51.32.140 and 1971 ex.s. c 289 s 45 are each amended to read as follows:

    Except as otherwise provided by treaty or this title, ((whenever compensation is payable)) the department or self-insurer, as the case may be, shall pay to a beneficiary who is an alien not residing in the United States((, there shall be paid fifty percent of)) the compensation ((herein otherwise provided)) to ((such)) which a resident beneficiary is entitled under this title.  But if a nonresident alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation.  No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due.

    Sec. 2.  RCW 51.08.050 and 1977 ex.s. c 350 s 11 are each amended to read as follows:

    "Dependent" means any of the following named relatives of a worker whose death results from any injury and who leaves surviving no widow, widower, or child, viz:  father, mother, grandfather, grandmother, stepfather, stepmother, grandson, granddaughter, brother, sister, half-sister, half-brother, niece, nephew, who at the time of the accident are actually and necessarily dependent in whole or in part for their support upon the earnings of the worker((:  PROVIDED, That unless otherwise provided by treaty, aliens other than father or mother, not residing within the United States at the time of the accident, are not included)).

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