HOUSE BILL REPORT
HB 1545
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:
February 15, 2008
Title: An act relating to industrial insurance death benefits for the surviving spouses of law enforcement officers.
Brief Description: Providing industrial insurance benefits for life for the surviving spouses of law enforcement officers.
Sponsors: By Representatives Kirby, Ericks and Ormsby.
Brief History:
Commerce & Labor: 2/1/08, 2/4/08 [DP].
Floor Activity:
Passed House: 2/15/08, 94-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: Do pass. Signed by 8 members: Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse, Green, Moeller and Williams.
Staff: Alison Hellberg (786-7152).
Background:
Workers injured in the course of employment, or their dependents in the case of death of the
worker, may receive various benefits under the Industrial Insurance Act (Act). Compensatory
benefits (time-loss, pension, and survivor benefits) for injured workers or their surviving
beneficiaries are based on the monthly wages that the worker was receiving from all
employment at the time of injury. If a surviving spouse remarries, benefits are discontinued
at the end of the month in which remarriage occurs.
The Law Enforcement Officers' and Fire Fighters' Retirement System Plan 1 (LEOFF 1)
provides retirement and disability benefits to law enforcement officers and fire fighters who
entered eligible employment between 1969 and 1977. Since 1977 eligible law enforcement
officers and fire fighters have entered LEOFF 2. In certain situations, survivors of a member
who dies in the line of duty are eligible to receive retirement benefits. A surviving spouse
continues to receive these retirement benefits if he or she remarries.
Summary of Bill:
The surviving spouses of the LEOFF retirement plan shall continue to receive death benefits
monthly for life regardless of whether they remarry. This applies to remarriages entered into
on or after the effective date of the Act.
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) This issue was recently considered by the LEOFF Board because some of their
members identified the policy inconsistencies between the LEOFF retirement benefits and
industrial insurance death benefits. This archaic piece of language needs to be removed. It
was likely written a long time ago, probably by a man, and reflects the old-fashioned thinking
that once a woman gets remarried, her new husband will take care of her. It is embarrassing
that it is still included in the state's laws.
This bill would allow widows to remarry without being re-victimized. It would allow them
to move on with their lives and find happiness. This bill would also allow the Department of
Labor and Industries to save on administrative costs. This is a benefit fathers left to their
children. They were willing to do this work because they knew that if something happened to
them, their families would be taken care of.
The LEOFF Board is very interested in this issue. Anywhere this prohibition against
remarriage exists in pension statutes, the state has systematically gone through and removed
these types of provisions. The LEOFF Board did not take a formal position on this bill
because they did not know about the cost.
(Opposed) The Department of Labor and Industries opposes the bill, not out of lack of
compassion and sympathy for those who have testified today, but because of the workers'
compensation system generally. This creates a special policy for one group that is not
available to all. This is an appropriate matter for a larger policy discussion to have with
stakeholders and other surviving spouses receiving death benefits.
Persons Testifying: (In support) Representative Kirby, prime sponsor; Jolin Lowig,
Consolidated #28 District; Rosathe Underwood, Concerns of Police Survivors, Inc.; and
Steve Nelsen, LEOFF 2 Board.
(Opposed) Vickie Kennedy, Department of Labor and Industries.