As explained in DI 52120.265F.4. in this section, we re-impose offset at age 62 using the full WC rate without reduction for State offset. Sometimes we discover after the fact that we failed to re-impose offset at age 62. Include AURORA paragraph PCWCP5003 in the notice when adjusting payments retroactively to age 62.
Prior to 04/26/2005, if the WC claim was closed (PT Pension awarded, or closure with or without PP), L&I was barred from adjusting WC payments and therefore could only report to SSA the WC benefits “as paid,” not the full unreduced rate that would have been payable without State offset. In this situation, we used the COLA chart in DI 52120.265D.6 in this section, to convert the last known full rate.
On 04/26/2005, WA amended State law to allow L&I or a self-insurer to retroactively adjust closed WC claims if SSA assesses an overpayment and the worker submits a written request for adjustment. The legislation became permanent effective 07/22/2007. L&I can now provide us with the full WC rate when requested and adjust State offset as needed to pay additional benefits.