BILL REQ. #: H-1670.1
_____________________________________________
HOUSE BILL 2095
_____________________________________________| State of Washington | 58th Legislature | 2003 Regular Session |
By Representative RomeroRead first time 02/25/2003. Referred to Committee on Commerce & Labor.
AN ACT Relating to industrial insurance benefits for the surviving
beneficiaries of workers whose deaths occurred before 1988; and
amending RCW 51.32.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.32.050 and 1995 c 199 s 6 are each amended to read
as follows:
(1) Where death results from the injury the expenses of burial not
to exceed two hundred percent of the average monthly wage in the state
as defined in RCW 51.08.018 shall be paid.
(2)(a) Where death results from the injury, a surviving spouse of
a deceased worker eligible for benefits under this title shall receive
monthly for life or until remarriage payments according to the
following schedule:
(i) If there are no children of the deceased worker, sixty percent
of the wages of the deceased worker but not less than one hundred
eighty-five dollars;
(ii) If there is one child of the deceased worker and in the legal
custody of such spouse, sixty-two percent of the wages of the deceased
worker but not less than two hundred twenty-two dollars;
(iii) If there are two children of the deceased worker and in the
legal custody of such spouse, sixty-four percent of the wages of the
deceased worker but not less than two hundred fifty-three dollars;
(iv) If there are three children of the deceased worker and in the
legal custody of such spouse, sixty-six percent of the wages of the
deceased worker but not less than two hundred seventy-six dollars;
(v) If there are four children of the deceased worker and in the
legal custody of such spouse, sixty-eight percent of the wages of the
deceased worker but not less than two hundred ninety-nine dollars; or
(vi) If there are five or more children of the deceased worker and
in the legal custody of such spouse, seventy percent of the wages of
the deceased worker but not less than three hundred twenty-two dollars.
(b) Where the surviving spouse does not have legal custody of any
child or children of the deceased worker or where after the death of
the worker legal custody of such child or children passes from such
surviving spouse to another, any payment on account of such child or
children not in the legal custody of the surviving spouse shall be made
to the person or persons having legal custody of such child or
children. The amount of such payments shall be five percent of the
monthly benefits payable as a result of the worker's death for each
such child but such payments shall not exceed twenty-five percent.
Such payments on account of such child or children shall be subtracted
from the amount to which such surviving spouse would have been entitled
had such surviving spouse had legal custody of all of the children and
the surviving spouse shall receive the remainder after such payments on
account of such child or children have been subtracted. Such payments
on account of a child or children not in the legal custody of such
surviving spouse shall be apportioned equally among such children.
(c) Payments to the surviving spouse of the deceased worker shall
cease at the end of the month in which remarriage occurs: PROVIDED,
That a monthly payment shall be made to the child or children of the
deceased worker from the month following such remarriage in a sum equal
to five percent of the wages of the deceased worker for one child and
a sum equal to five percent for each additional child up to a maximum
of five such children. Payments to such child or children shall be
apportioned equally among such children. Such sum shall be in place of
any payments theretofore made for the benefit of or on account of any
such child or children. If the surviving spouse does not have legal
custody of any child or children of the deceased worker, or if after
the death of the worker, legal custody of such child or children passes
from such surviving spouse to another, any payment on account of such
child or children not in the legal custody of the surviving spouse
shall be made to the person or persons having legal custody of such
child or children.
(d) ((In no event shall)) (i) Except as provided in (d)(ii) of this
subsection, the monthly payments provided in (a) through (c) of this
subsection (((2) of this section)) may not exceed the applicable
percentage of the average monthly wage in the state as computed under
RCW 51.08.018 as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
(A) The worker's death occurred after June 30, 1971, but before
January 1, 1988;
(B) At the time of the worker's death, the worker had a surviving
child or children, all of whom were then under the age of ten; and
(C) The worker's surviving spouse is not eligible for retirement or
disability benefits under the federal old age, survivors, and
disability insurance act, 42 U.S.C.
(e) In addition to the monthly payments provided for in
((subsection (2)))(a) through (c) of this ((section)) subsection, a
surviving spouse or child or children of such worker if there is no
surviving spouse, or dependent parent or parents, if there is no
surviving spouse or child or children of any such deceased worker shall
be forthwith paid a sum equal to one hundred percent of the average
monthly wage in the state as defined in RCW 51.08.018, any such
children, or parents to share and share alike in said sum.
(f) Upon remarriage of a surviving spouse the monthly payments for
the child or children shall continue as provided in this section, but
the monthly payments to such surviving spouse shall cease at the end of
the month during which remarriage occurs. However, after September 8,
1975, an otherwise eligible surviving spouse of a worker who died at
any time prior to or after September 8, 1975, shall have an option of:
(i) Receiving, once and for all, a lump sum of twenty-four times
the monthly compensation rate in effect on the date of remarriage
allocable to the spouse for himself or herself pursuant to subsection
(2)(a)(i) of this section and subject to any modifications specified
under subsection (2)(d) of this section and RCW 51.32.075(3) or fifty
percent of the then remaining annuity value of his or her pension,
whichever is the lesser: PROVIDED, That if the injury occurred prior
to July 28, 1991, the remarriage benefit lump sum available shall be as
provided in the remarriage benefit schedules then in effect; or
(ii) If a surviving spouse does not choose the option specified in
subsection (2)(f)(i) of this section to accept the lump sum payment,
the remarriage of the surviving spouse of a worker shall not bar him or
her from claiming the lump sum payment authorized in subsection
(2)(f)(i) of this section during the life of the remarriage, or shall
not prevent subsequent monthly payments to him or to her if the
remarriage has been terminated by death or has been dissolved or
annulled by valid court decree provided he or she has not previously
accepted the lump sum payment.
(g) If the surviving spouse during the remarriage should die
without having previously received the lump sum payment provided in
subsection (2)(f)(i) of this section, his or her estate shall be
entitled to receive the sum specified under subsection (2)(f)(i) of
this section or fifty percent of the then remaining annuity value of
his or her pension whichever is the lesser.
(h) The effective date of resumption of payments under subsection
(2)(f)(ii) of this section to a surviving spouse based upon termination
of a remarriage by death, annulment, or dissolution shall be the date
of the death or the date the judicial decree of annulment or
dissolution becomes final and when application for the payments has
been received.
(i) If it should be necessary to increase the reserves in the
reserve fund or to create a new pension reserve fund as a result of the
amendments in chapter 45, Laws of 1975-'76 2nd ex. sess., the amount of
such increase in pension reserve in any such case shall be transferred
to the reserve fund from the supplemental pension fund.
(3) If there is a child or children and no surviving spouse of the
deceased worker or the surviving spouse is not eligible for benefits
under this title, a sum equal to thirty-five percent of the wages of
the deceased worker shall be paid monthly for one child and a sum
equivalent to fifteen percent of such wage shall be paid monthly for
each additional child, the total of such sum to be divided among such
children, share and share alike: PROVIDED, That benefits under this
subsection or subsection (4) of this section shall not exceed the
lesser of sixty-five percent of the wages of the deceased worker at the
time of his or her death or the applicable percentage of the average
monthly wage in the state as defined in RCW 51.08.018, as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
(5) If the worker leaves no surviving spouse or child, but leaves
a dependent or dependents, a monthly payment shall be made to each
dependent equal to fifty percent of the average monthly support
actually received by such dependent from the worker during the twelve
months next preceding the occurrence of the injury, but the total
payment to all dependents in any case shall not exceed the lesser of
sixty-five percent of the wages of the deceased worker at the time of
his or her death or the applicable percentage of the average monthly
wage in the state as defined in RCW 51.08.018 as follows:
| | AFTER
| PERCENTAGE
| |
| | June 30, 1993 | 105% | |
| | June 30, 1994 | 110% | |
| | June 30, 1995 | 115% | |
| | June 30, 1996 | 120% | |
(6) For claims filed prior to July 1, 1986, if the injured worker
dies during the period of permanent total disability, whatever the
cause of death, leaving a surviving spouse, or child, or children, the
surviving spouse or child or children shall receive benefits as if
death resulted from the injury as provided in subsections (2) through
(4) of this section. Upon remarriage or death of such surviving
spouse, the payments to such child or children shall be made as
provided in subsection (2) of this section when the surviving spouse of
a deceased worker remarries.
(7) For claims filed on or after July 1, 1986, every worker who
becomes eligible for permanent total disability benefits shall elect an
option as provided in RCW 51.32.067.
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