§ 51.32.225 — Reduction in total disability compensation—Offset for social security retirement benefits.

Washington § 51.32.225

• Jurisdiction: Washington
• Title 51: INDUSTRIAL INSURANCE
• Ch. 51.32: COMPENSATION—RIGHT TO AND AMOUNT

Text

(1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C. This reduction shall not apply to any worker who is receiving permanent total disability benefits prior to July 1, 1986. This reduction does not apply to workers who had applied to receive social security retirement benefits prior to the date of their injury or to workers who were receiving social security benefits prior to their injury.

(2) Reductions for social security retirement benefits under this section shall comply with the procedures in RCW 51.32.220 (1) through (6) and with any other procedures established by the department to administer this section. For any worker whose entitlement to social security retirement benefits is immediately preceded by an entitlement to social security disability benefits, the offset shall be based on the formulas provided under 42 U.S.C. Sec. 424a. For all other workers entitled to social security retirement benefits, the offset shall be based on procedures established and determined by the department to most closely follow the intent of RCW 51.32.220 .

(3) Any reduction in compensation made under chapter 58, Laws of 1986, shall be made before the reduction established in this section.

Application — 2018 c 163: "This act applies to claims with dates of injury on or after June 7, 2018." [ 2018 c 163 s 2 .]

Effective date — 1986 c 59 s 5: See note following RCW 51.32.090 .

Legislative History

[2018 c 163 s 1;2006 c 163 s 1;1986 c 59 s 5.]