|Passed by the House February 16, 2004|
Speaker of the House of Representatives
Passed by the Senate March 2, 2004
President of the Senate
I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 3057 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||58th Legislature||2004 Regular Session|
READ FIRST TIME 02/06/04.
AN ACT Relating to conforming the social security offset provisions of Title 51 RCW to the modified federal social security retirement age; and amending RCW 51.32.220.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.32.220 and 1982 c 63 s 19 are each amended to read
(1) For persons ((
under the age of sixty-five)) receiving
compensation for temporary or permanent total disability pursuant to
the provisions of this chapter (( 51.32 RCW)), such compensation shall
be reduced by an amount equal to the benefits payable under the federal
old-age, survivors, and disability insurance act as now or hereafter
amended not to exceed the amount of the reduction established pursuant
to 42 U.S.C. Sec. 424a. However, such reduction shall not apply when
the combined compensation provided pursuant to this chapter (( 51.32
RCW)) and the federal old-age, survivors, and disability insurance act
is less than the total benefits to which the federal reduction would
apply, pursuant to 42 USC 424a. Where any person described in this
section refuses to authorize the release of information concerning the
amount of benefits payable under said federal act the department's
estimate of said amount shall be deemed to be correct unless and until
the actual amount is established and no adjustment shall be made for
any period of time covered by any such refusal.
(2) Any reduction under subsection (1) of this section shall be effective the month following the month in which the department or self-insurer is notified by the federal social security administration that the person is receiving disability benefits under the federal old-age, survivors, and disability insurance act: PROVIDED, That in the event of an overpayment of benefits the department or self-insurer may not recover more than the overpayments for the six months immediately preceding the date the department or self-insurer notifies the worker that an overpayment has occurred: PROVIDED FURTHER, That upon determining that there has been an overpayment, the department or self-insurer shall immediately notify the person who received the overpayment that he or she shall be required to make repayment pursuant to this section and RCW 51.32.230.
(3) Recovery of any overpayment must be taken from future temporary or permanent total disability benefits or permanent partial disability benefits provided by this title. In the case of temporary or permanent total disability benefits, the recovery shall not exceed twenty-five percent of the monthly amount due from the department or self-insurer or one-sixth of the total overpayment, whichever is the lesser.
(4) No reduction may be made unless the worker receives notice of the reduction prior to the month in which the reduction is made.
(5) In no event shall the reduction reduce total benefits to less than the greater amount the worker may be entitled to under this title or the federal old-age, survivors, and disability insurance act.
(6) The director, pursuant to rules adopted in accordance with the procedures provided in the administrative procedure act, chapter 34.05 RCW, may exercise his or her discretion to waive, in whole or in part, the amount of any overpayment where the recovery would be against equity and good conscience.
The amendment in)) Subsection (1) of this section (( by
chapter 63, Laws of 1982 raising the age limit during which the
reduction shall be made from age sixty-two to age sixty-five shall
apply with respect)) applies to:
(a) Workers under the age of sixty-two whose effective entitlement to total disability compensation begins before January 2, 1983;
(b) Workers under the age of sixty-five whose effective entitlement to total disability compensation begins after January 1, 1983; and
(c) Workers who will become sixty-five years of age on or after the effective date of this section.