5773‑S AMH CL CORD 1

SSB 5773 ‑ H COMM AMD ADOPTED 4/10/95

By Committee on Commerce & Labor

     On page 3, beginning on line 1, strike all of section 2 and insert the following:

     "Sec. 2.  RCW 50.20.085 and 1991 c 117 s 2 are each amended to read as follows:

(1) An individual is disqualified from benefits with respect to any day or days for which he or she is receiving, has received, or will receive compensation under RCW 51.32.060 or 51.32.090.

(2)(a) By accepting benefits under this title, the individual shall be deemed to have subrogated the employment security department to the individual's right to recover temporary total disability compensation or permanent total disability compensation, or both, due the individual under Title 51 RCW to the extent of such unemployment benefits or compensation under Title 51 RCW, whichever is less, furnished to the recipient for the period for which compensation under Title 51 RCW is payable.

(b)(i) The employment security department may assert and enforce a lien and notice to withhold and deliver as provided in this section to secure reimbursement of any benefits paid for or during the period and for the purposes expressed in this section.

(ii) The effective date of the lien and notice to withhold and deliver shall be the day that it is received by the director of the department of labor and industries or an employee of the director's office of suitable discretion, or by a self-insurer as defined in chapter 51.08 RCW, whichever is applicable.  Service of the lien and notice to withhold and deliver may be made personally, by regular mail postage prepaid, or by electronic transmission.  A copy of the lien and notice to withhold and deliver shall be mailed to the individual at his or her last known address by certified mail, return receipt requested, no later than the next business day after the lien and notice to withhold and deliver has been mailed or delivered to the department of labor and industries or to a self-insurer."

EFFECT:  The amendment makes technical changes and makes the right to reimbursement apply to both time loss and pension benefits that are received during the same period as unemployment benefits.