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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: December 23, 2016 08:53 AM
From: Representative Mark Longietti
To: All House members
Subject: Rep. Longietti Co-Sponsorship, Increasing the Amount an Employer May Pay to a Surviving Relative for a Decedent's Final Paycheck (Re-Introduction)
In the near future, I will be re-introducing legislation – former House Bill 1974 of the 2015-2016 Legislative Session – that would amend the Probate, Estates and Fiduciaries Code to increase from $5,000 to $10,000 the amount an employer may pay directly to a surviving relative for the decedent’s final paycheck. House Bill 1974 passed the House of Representatives unanimously on June 30, 2016.

The $5,000 limit has not been increased for more than 21 years. As a result, there have been many cases where a final paycheck, which can include a payout for accrued vacation and sick time, exceeds $5,000, even for middle-income workers. If a decedent’s final paycheck exceeds $5,000, the surviving relative must initiate formal estate proceedings with the county Register of Wills and the Court of Common Pleas. This results in a delay in receiving needed funds and a significant cost incurred by the surviving relative. By way of reference, current law allows a relative to withdraw up to $10,000 from a decedent’s bank account for funeral expenses. I believe that the amount for the final paycheck to the surviving relative should also be increased to $10,000.

Please join me in co-sponsoring this legislation so that relatives can receive funds from a decedent’s paycheck more easily and without incurring unnecessary costs.

Co-sponsors of former HB 1974 include: Millard, Baker, James, Rozzi, Pashinski, Murt, English, Thomas, Caltagirone, Neilson, Godshall, McNeill, Driscoll, Readshaw, A. Harris, White, D. Costa, Philllips-Hill, Bradford, Petri, Gillen and Petrarca.

Introduced as HB203