WSR 01-09-094

EXPEDITED REPEAL

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 18, 2001, 11:43 a.m. ]

The Following Sections are Proposed for Expedited Repeal: WAC 296-30-130 How are death benefits paid to a survivor(s) receiving public or private death benefits?

Rules Proposed for Expedited Repeal Meet the Following Criteria: Rule is no longer necessary because of changed circumstances.

Any person who objects to the repeal of the rule must file a written objection to the repeal within thirty days after publication of this preproposal statement of inquiry.

Address Your Objection to: Selwyn Walters, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001.

Reason the Expedited Repeal of the Rule is Appropriate: The rule is no longer needed. Based on a recent supreme court decision, Sebastian v. Department of Labor and Industries, No. 68228-3 (Slip Op., November 2, 2000) this rule will no longer be needed to convert a lump sum death benefit into monthly payments. In the Sebastian decision the court ruled that the benefits offset for insurance do not accumulate towards the maximums payable by the program. Therefore lump sum death benefits can be paid out in a one-time payment pursuant to RCW 7.68.070(4).

April 18, 2001

Gary Moore

Director

OTS-4753.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-30-130 How are death benefits paid to a survivor(s) receiving public or private death benefits?

Washington State Code Reviser's Office