6158-S AMS ZARE MUNG 072

SSB 6158 - S AMD 451

By Senator Zarelli

PULLED 4/22/2009

    Strike everything after the enacting clause and insert the following:

Sec. 1. RCW 49.86.030 and 2007 c 357 s 5 are each amended to read as follows:

    ((Beginning October 1, 2009)) Subject to the limitations specified in RCW 49.86.150, family leave insurance benefits are payable to an individual during a period in which the individual is unable to perform his or her regular or customary work because he or she is on family leave if the individual:

    (1) Files a claim for benefits in each week in which the individual is on family leave, and as required by rules adopted by the director;

    (2) Has been employed for at least six hundred eighty hours in employment during the individual's qualifying year;

    (3) Establishes an application year.  An application year may not be established if the qualifying year includes hours worked before establishment of a previous application year;

    (4) Consents to the disclosure of information or records deemed private and confidential under chapter 50.13 RCW.  Initial disclosure of this information and these records by the employment security department to the department is solely for purposes related to the administration of this chapter.  Further disclosure of this information or these records is subject to RCW 49.86.020(3);

    (5) Discloses whether or not he or she owes child support obligations as defined in RCW 50.40.050; and

    (6) Documents that he or she has provided the employer from whom family leave is to be taken with written notice of the individual's intention to take family leave in the same manner as an employee is required to provide notice in RCW 49.78.250.

Sec. 2. RCW 49.86.210 and 2007 c 357 s 26 are each amended to read as follows:

    ((Beginning September 1, 2010,)) The department shall report to the legislature by September 1st of the first year in which family leave insurance benefits are payable and each year thereafter on projected and actual program participation, premium rates, fund balances, and outreach efforts.

Sec. 3. RCW 49.86.150 and 2007 c 357 s 17 are each amended to read as follows:

(1) Family leave insurance benefits are payable under this chapter only to the extent provided in RCW 49.86.050 and RCW 49.86.060 and only to the extent that the legislature has identified and implemented a stable, adequate, long-term funding source for benefit payments and moneys are deposited and available in the family leave insurance account for that purpose.  Neither the state nor the department is liable for any amount in excess of these limits.

(2) This chapter does not create a continuing entitlement or contractual right.  The legislature reserves the right to amend or repeal all or part of this chapter at any time, and a benefit or other right granted under this chapter exists subject to the legislature's power to amend or repeal this chapter.  There is no vested private right of any kind against such amendment or repeal.

SSB 6158 - S AMD 451

By Senator Zarelli

PULLED 4/22/2009

    On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "limiting liability for family leave insurance benefits; amending 49.86.030, 49.86.210, and 49.86.150."

EFFECT:   Postpones the implementation of the family leave program until the legislature designates an adequate, stable, long-term funding source.  Amends the title.

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