SENATE BILL REPORT
SB 5586
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 of February 8, 2016
Title: An act relating to the social security offset to disability compensation.
Brief Description: Restricting the social security offset to disability compensation.
Sponsors: Senators Conway, Hasegawa, Keiser and Darneille.
Brief History:
Committee Activity: Commerce & Labor: 2/16/15.
SENATE COMMITTEE ON COMMERCE & LABOR |
Staff: Susan Jones (786-7404)
Background: Federal and state laws address the coordination of benefits under social security and industrial insurance. Federal law limits the combined total of social security disability and industrial insurance disability benefits to 80 percent of average current earnings before the worker's disability. Washington's workers' compensation laws provide for an offset, or reduction of workers' compensation pension or time-loss benefits, if an individuals' combined benefit is over the 80 percent cap.
Washington's workers' compensation laws also provide for an offset of pension and time-loss benefits by social security retirement benefits. The Department of Labor and Industries uses a formula that is very similar to the formula for combined social security disability and industrial insurance benefits to adjust the pension or time-loss benefits of a worker who is also receiving social security retirement benefits.
Summary of Bill: The pension and time-loss offset for social security retirement benefits does not apply to workers who were receiving or had applied to receive social security retirement benefits prior to the date of their injury.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This is a simple bill and supports older workers who went back to supplement their social security income and unfortunately these workers, like many workers, sustain an on-the-job injury which results in time loss or a disability pension. Washington is the only state that deducts as a result of earning social security from the workers compensation benefit. This bill provides wage replacement that other injured workers receive. This helps deal with the financial reality that led the worker to seek part time work after retirement. This is in line with the workers compensation statute. This is a complex area. This bill is not trying to unravel offsets but just applies to a narrow segment of the workers.
Persons Testifying: PRO: Senator Steve Conway, prime sponsor; Joe Kendo, WA State Labor Council; Michael Temple, WA State Assn for Justice.
Persons Signed In To Testify But Not Testifying: No one.