WSR 01-03-156

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 24, 2001, 11:17 a.m. ]

Subject of Possible Rule Making: WAC 296-30-130 How are death benefits paid to a survivor(s) receiving public or private death benefits?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 7.68.030, 7.68.070, 7.68.130, 51.32.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 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 need to be amended to show how lump sum survivor benefits will be paid when reduced by other insurance benefits. Previously the department paid until the combined benefits reached the lump sum amount. Under the Sebastian decision the department will continue benefits until the amount paid by the department equals the lump sum amount.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Amended to comply with Supreme Court decision.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Cletus Nnanabu, CVC Program Manager, P.O. Box 44520, Olympia, WA 98504-4520, phone (360) 902-5340, fax (360) 902-5333, e-mail nnan235@lni.wa.gov. Other opportunities to comment: Public hearing (to be scheduled).

January 24, 2001

Gary Moore

Director

Washington State Code Reviser's Office