HOUSE BILL REPORT
SHB 1266
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
March 7, 2007
Title: An act relating to death benefits for public employees.
Brief Description: Addressing death benefits for public employees.
Sponsors: By House Committee on Appropriations (originally sponsored by Representatives Conway, Fromhold, B. Sullivan, Kenney, Ericks, Simpson and Moeller; by request of Select Committee on Pension Policy and LEOFF Plan 2 Retirement Board).
Brief History:
Appropriations: 1/23/07, 1/29/07 [DPS].
Floor Activity:
Passed House: 3/7/07, 95-0.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 33 members: Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson, Buri, Chandler, Cody, Conway, Darneille, Dunn, Ericks, Fromhold, Grant, Haigh, Hinkle, Hunt, Hunter, Kagi, Kenney, Kessler, Kretz, Linville, McDermott, McDonald, McIntire, Morrell, Pettigrew, Priest, Schual-Berke, Seaquist and Walsh.
Staff: David Pringle (786-7310).
Background:
The survivors of employees covered by many of the plans of the Washington retirement
systems, as well as other state agency employees, are eligible for a $150,000 lump-sum
benefit in the event that the member dies as a result of injuries sustained in the course of
employment. If the member belongs to the Public Employees' Retirement System (PERS),
the Law Enforcement Officers and Firefighters Retirement System (LEOFF), the Teachers'
Retirement System (TRS), the School Employees' Retirement System (SERS), the Public
Safety Employees Retirement System (PSERS), the Washington State Patol Retirement
System (WSPRS), or the Volunteer Fire Fighters' and Reserve Officers' Relief and Pension
System (VFFRORPS), then the benefit is paid from the plan. If the individual was a state,
school district, or higher education employee that was not a member of one of the retirement
systems listed above, then the benefit is paid as a sundry claim.
Additional death benefits are available to survivors of state retirement system members. The
spouse or dependents of an individual covered by Social Security may be eligible for a death
benefit if they meet age, income, or other restrictions. The age eligibility for the Social
Security death benefit is based on an age 65 eligibility for full benefits, and reduced benefits
are available beginning at age 60. The size of the Social Security death benefit is dependent
on the contributions the deceased made to Social Security during the member's career.
Members of WSPRS and the majority of LEOFF members do not participate in Social
Security.
A Workers' Compensation death benefit may also be payable from the Department of Labor
and Industries for death resulting from injury sustained in the course of employment. A lump
sum benefit may be payable from the Department of Labor and Industries for burial expenses,
as well as a monthly benefit of 60 percent of gross wages up to 120 percent of the state's
average wage.
Employees who meet the federal definition of "public safety officers," including some
members of LEOFF, WSPRS, PERS, and PSERS, are also eligible under the federal Public
Safety Officers Benefit Act of 1976 for an inflation indexed lump-sum death benefit of
approximately $295,00 in 2007.
Beginning in 1987, the Legislature enacted presumptions that when certain diseases were
contracted by fire fighters they were caused by job-related exposure. For these "occupational
diseases," the work-related cause is established for Workers' Compensation benefits
purposes. Initially, the occupational disease presumption applied only to respiratory disease,
but in 2002 the Legislature expanded the list of occupational diseases for fire fighters to
include more conditions, including other exposures to smoke or toxic substances, certain
types of cancer, and infectious diseases. Employees other than fire fighters do not benefit
from the presumption of cause, and must establish that a workplace condition was the most
likely cause of a disease.
The 2006 Legislature enacted a recommendation of the LEOFF 2 Board that extended the
$150,000 death benefit to instances where a member of LEOFF 2 died as a result of an
occupational disease that arose from employment. The LEOFF 2 Board also recommended
that the LEOFF 2 $150,000 death benefit be indexed by inflation up to 3 percent per year, but
the indexing part of the recommendation was not enacted.
Summary of Substitute Bill:
The $150,000 death benefit for members of the Washington retirement systems, as well as
state agency, school district, and higher education employees, is payable upon death due to an
occupational disease or infection that arises in the course of employment, as well as from
injuries sustained in the course of employment.
Benefits for deceased members of PERS, LEOFF 1, TRS, SERS, PSERS, and VFFRORPS
are paid from the member's plan. For deceased employees of state, school district, or higher
education institutions who did not belong to these state retirement systems when they died,
the benefit is payable as a sundry claim.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Please support this bill. Federal benefits include similar inflation features.
There is nothing that protects general employees that are exposed to hazardous chemicals on
the jobs, jobs that are serving the people of Washington. State employees work hard and
deserve security in their pensions earned serving the people of Washington. Both the LEOFF
2 Board and the Select Committee considered ad-hoc increases, higher indexes, etc., but both
settled on recommending an inflation index that was the same as for the Plan 2/3 benefits.
(Opposed) None.
Persons Testifying: Doreen Vandervort, Washington Federation of State Employees; and Steve Nelson, Law Enforcement Officers' and Fire Fighters' Plan 2 Retirement Board.