| Passed by the Senate February 7, 2006 YEAS 48 ________________________________________ President of the Senate Passed by the House March 3, 2006 YEAS 98 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6264 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/10/2006. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to allowing an injured worker to change total permanent disability pension options under certain circumstances; and amending RCW 51.32.067.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.32.067 and 1986 c 58 s 4 are each amended to read
as follows:
(1) After a worker elects one of the options in (a), (b), or (c) of
this subsection, that option shall apply only if the worker dies during
a period of permanent total disability from a cause unrelated to the
injury, leaving a surviving spouse, child, children, or other
dependent. If, after making an election under this subsection, a
worker dies from a cause related to the injury during a period of
permanent total disability, his or her beneficiaries shall receive
benefits under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option shall
receive the benefits provided by RCW 51.32.060, with no benefits being
paid to the worker's surviving spouse, children, or others.
(b) Option II. An injured worker selecting this option shall
receive an actuarially reduced benefit which upon death shall be
continued throughout the life of and paid to the surviving spouse,
child, or other dependent as the worker has nominated by written
designation duly executed and filed with the department.
(c) Option III. An injured worker selecting this option shall
receive an actuarially reduced benefit and, upon death, one-half of the
reduced benefit shall be continued throughout the life of and paid to
the surviving spouse, child, or other dependent as the worker has
nominated by written designation duly executed and filed with the
department.
(2) The worker shall make the election in writing and the worker's
spouse, if any, shall consent in writing as a prerequisite to the
election of Option I.
(3) If the worker's nominated beneficiary is the worker's spouse,
and the worker and spouse enter into a dissolution of marriage after
the nomination has been made, the worker may apply to receive benefits
as calculated under Option I. This change is effective the date of the
decree of dissolution of marriage, but no more than one year prior to
the date application for the change is received in the department,
provided the worker submits legally certified documentation of the
decree of dissolution of marriage.
(4) If the worker's nominated beneficiary dies, the worker may
apply to receive benefits as calculated under Option I. This change is
effective the date of death, but no more than one year prior to the
date application for the change is received in the department, provided
the worker submits a certified copy of the death certificate.
(5) The change in benefits authorized by subsections (3) and (4) of
this section is a one-time adjustment and will be permanent for the
life of the worker.
(6) The department shall adopt such rules as may be necessary to
implement this section.