reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.265 - Public employees' retirement system funds—Report of the state treasurer—Members may receive reports and statements.

RCW 41.50.265
Public employees' retirement system funds—Report of the state treasurer—Members may receive reports and statements.
The state treasurer shall furnish annually to the department a statement of the amount of the funds in the treasurer's custody belonging to the public employees' retirement system. Copies of this annual report shall be available to public employees' retirement system members upon request. The records of the department shall be open to public inspection. Any member of the public employees' retirement system shall be furnished with a statement of the amount to the credit of his or her individual account in the employees' savings fund upon his or her written request, provided that the department shall not be required to answer more than one such request of any member in any one year.
[ 1991 c 35 § 75; 1947 c 274 § 12; Rem. Supp. 1947 § 11072-12. Formerly RCW 41.40.110.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.270 - Transmittal of total of public employees' retirement system members' deductions.

RCW 41.50.270
Transmittal of total of public employees' retirement system members' deductions.
The person responsible for making up the payroll shall transmit promptly to the department at the end of each and every payroll period a copy of the original payroll voucher or any other payroll report as the department may require showing thereon all deductions for the public employees' retirement system made from the compensation earnable of each member, together with warrants or checks covering the total of the deductions. The department after making a record of all receipts shall pay them to the state treasurer for use according to the provisions of chapter 41.40 RCW.
[ 1991 c 35 § 90; 1977 ex.s. c 295 § 19; 1947 c 274 § 36; Rem. Supp. 1947 § 11072-36. Formerly RCW 41.40.350.]
NOTES:
Intent—1991 c 35: See note following RCW 41.26.005.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.290 - Shared work programs—Effect of employer's participation.

RCW 41.50.290
Shared work programs—Effect of employer's participation.
(1) With respect to plans administered by the department:
(a) If an employer participates in the shared work program under chapter 50.60 RCW, any reduction in hours worked by a member as a result of the employer's participation in the program does not impact the retirement benefit the member would otherwise be entitled to receive had the member's hours not been reduced. A member's benefit will be calculated as if the member did not incur a reduction in hours through participating in an approved shared work compensation plan under chapter 50.60 RCW.
(b) This section does not apply to deferred compensation plans.
(2) This section applies both prospectively and retroactively to July 28, 2013, the date that chapter 79, Laws of 2013 became effective.
[ 2021 c 12 § 9.]
NOTES:
Retroactive application—2021 c 12: See note following RCW 41.26.030.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.510 - Mandatory assignment of retirement benefits—Remedies—Applicability.

RCW 41.50.510
Mandatory assignment of retirement benefits—Remedies—Applicability.
(1) The remedies provided in RCW 41.50.530 through 41.50.650 and 26.09.138 are in addition to, and not in substitution for, any other remedies provided by law to enforce a dissolution order against an obligor.
(2) The remedies provided in RCW 41.50.530 through 41.50.630 shall be the exclusive remedies enforceable against the department of retirement systems or the retirement systems listed in RCW 41.50.030 to recover spousal maintenance pursuant to a dissolution, divorce, or legal separation order.
(3) RCW 41.50.530 through 41.50.650 and 26.09.138 apply to all dissolution orders incident to a decree of divorce, dissolution, or legal separation whether entered before or after July 1, 1987.
[ 1991 c 365 § 2; 1987 c 326 § 2.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.520 - Mandatory assignment of retirement benefits—Other remedies not limited.

RCW 41.50.520
Mandatory assignment of retirement benefits—Other remedies not limited.
Nothing in RCW 41.50.500 through 41.50.650 limits the use of any and all civil and criminal remedies against an obligor to enforce the obligations of a dissolution order.
[ 1987 c 326 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.530 - Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—Venue—Jurisdiction.

RCW 41.50.530
Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—Venue—Jurisdiction.
(1) A proceeding to enforce a duty of spousal maintenance through a mandatory benefits assignment order may be commenced by an obligee:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing cause number.
(2) Venue for the action is in the superior court of the county of the state of Washington where the obligee resides or is present, where the obligor resides, or where the prior dissolution order was entered.
(3) The court retains continuing jurisdiction under RCW 41.50.500 through 41.50.650 and 26.09.138 until the obligor has satisfied all duties of spousal maintenance, including arrearages, to the obligee.
[ 1991 c 365 § 3; 1987 c 326 § 4.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.540 - Mandatory assignment of retirement benefits—Notice to obligor.

RCW 41.50.540
Mandatory assignment of retirement benefits—Notice to obligor.
(1) Every court order or decree establishing a spousal maintenance obligation may state that if any such payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order without prior notice to the obligor. Failure to include this provision does not affect the validity of the dissolution order.
(2) If the dissolution order under which the obligor owes the duty of spousal maintenance is not in compliance with subsection (1) of this section or if the obligee cannot show that the obligor has approved or received a copy of the court order or decree that complies with subsection (1) of this section, then notice shall be provided to the obligor at least fifteen days before the obligee seeks a mandatory benefits assignment order. The notice shall state that, if a spousal maintenance payment is more than fifteen days past due and the total of such past due payments is equal to or greater than one hundred dollars or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order without further notice to the obligor. Service of the notice shall be by personal service, or by any form of mail requiring a return receipt. The notice requirement under this subsection is not jurisdictional.
[ 1991 c 365 § 4; 1987 c 326 § 5.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.550 - Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice to obligee—Payment to obligee.

RCW 41.50.550
Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice to obligee—Payment to obligee.
(1) An obligee who wishes to be notified by the department of retirement systems if the obligor seeks a withdrawal of accumulated contributions shall submit such a request to the department in writing on a form supplied by the department. The request shall be filed by certified or registered mail and shall include the obligee's address and a copy of the dissolution order requiring the spousal maintenance owed.
(2) The department shall thereafter promptly send notice to the obligee at the address provided in subsection (1) of this section when the obligor applies for a withdrawal of accumulated contributions. The department shall not process the obligor's request for a withdrawal of accumulated contributions sooner than seventy-five days after sending the notice to the obligee.
(3) The department shall pay directly to an obligee who has not obtained a mandatory benefits assignment order all or part of the accumulated contributions if the dissolution order filed with the department pursuant to subsection (1) of this section includes a provision that states:
"At such time as . . . . . . (the obligor) requests a withdrawal of accumulated contributions as defined in RCW 41.50.500, the department of retirement systems shall pay to . . . . . . (the obligee) . . . . . . dollars from such accumulated contributions or . . . percentage of such accumulated contributions (whichever is provided by the court)."
[ 1991 c 365 § 5; 1987 c 326 § 6.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.560 - Mandatory assignment of retirement benefits—Petition for order.

RCW 41.50.560
Mandatory assignment of retirement benefits—Petition for order.
(1) A petition or motion seeking a mandatory benefits assignment order in an action under RCW 41.50.530 may be filed by an obligee if the obligor is more than fifteen days past due in spousal maintenance payments and the total of such past due payments is equal to or greater than one hundred dollars or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems. The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance of the mandatory benefits assignment order, including:
(a) That the obligor, stating his or her name, residence, and social security number, (i) is more than fifteen days past due in spousal maintenance payments and that the total of such past due payments is equal to or greater than one hundred dollars, or (ii) has requested a withdrawal of accumulated contributions from the department of retirement systems;
(b) A description of the terms of the dissolution order requiring payment of spousal maintenance and the amount, if any, past due;
(c) The name of the public retirement system or systems from which the obligor is currently receiving periodic retirement benefits or from which the obligor has requested a withdrawal of accumulated contributions; and
(d) That notice has been provided to the obligor as required by RCW 41.50.540.
(2) If the court in which a mandatory benefits assignment order is sought does not already have a copy of the dissolution order in the court file, then the obligee shall attach a copy of the dissolution order to the petition or motion seeking the mandatory benefits assignment order.
[ 1991 c 365 § 6; 1987 c 326 § 7.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.570 - Mandatory assignment of retirement benefits—Issuance of order.

RCW 41.50.570
Mandatory assignment of retirement benefits—Issuance of order.
Upon receipt of a petition or motion seeking a mandatory benefits assignment order that complies with RCW 41.50.560, the court shall issue a mandatory benefits assignment order as provided in RCW 41.50.590, including the information required in RCW 41.50.580 (1)(a) or (2)(a), directed to the department of retirement systems, and commanding the department to answer the order on the forms served with the order that comply with RCW 41.50.610 within twenty days after service of the order upon the department.
[ 1987 c 326 § 8.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.610 - Mandatory assignment of retirement benefits—Order—Answer—Form.

RCW 41.50.610
Mandatory assignment of retirement benefits—Order—Answer—Form.
The answer of the department shall be made on forms, served on the director with the mandatory benefits assignment order, substantially as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . . . .
. . . .
No.
. . . .
Obligee
vs.
ANSWER TO
. . . .
MANDATORY BENEFITS
Obligor
ASSIGNMENT ORDER
. . . .
Department of Retirement Systems of
the State of Washington
1. At the time of the service of the mandatory benefits assignment order on the department, was the above-named obligor receiving periodic retirement payments from the department of retirement systems?
Yes . . . . . . No . . . . . . (check one).
2. At the time of the service of the mandatory benefits assignment order on the department, had the above-named obligor requested a withdrawal of accumulated contributions from the department?
Yes . . . . . . No . . . . . . (check one).
3. Are there any other court or administrative orders on file with the department currently in effect directing the department to withhold all or a portion of the obligor's benefits?
Yes . . . . . . No . . . . . . (check one).
4. If the answer to question one or two is yes and the department cannot comply fully with the mandatory benefits assignment order, provide an explanation.
I declare under the laws of the state of Washington that the foregoing is true and correct to the best of my knowledge.
. . . .
. . . .
Signature of director
Date and place
or
. . . .
. . . .
. . . .
Signature of person
Place
answering for director
. . . .
Connection with director
[ 1987 c 326 § 12.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.620 - Mandatory assignment of retirement benefits—Order—Service.

RCW 41.50.620
Mandatory assignment of retirement benefits—Order—Service.
(1) Service of the mandatory benefits assignment order on the department is invalid unless it is served with four answer forms in conformance with RCW 41.50.610, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obligee's attorney or the obligee, and the obligor at the last mailing address known to the obligee. The obligee shall also include an extra copy of the mandatory benefits assignment order for the department to mail to the obligor. Service on the department shall be in person or by any form of mail requiring a return receipt.
(2) On or before the date of service of the mandatory benefits assignment order on the department, the obligee shall mail or cause to be mailed by certified or registered mail a copy of the mandatory benefits assignment order to the obligor at the obligor's last mailing address known to the obligee; or, in the alternative, a copy of the mandatory benefits assignment order shall be served on the obligor in the same manner as a summons in a civil action on, before, or within two days after the date of service of the order on the department. This requirement is not jurisdictional, but if the copy is not mailed or served as this subsection requires, or if any irregularity appears with respect to the mailing or service, the superior court, in its discretion, may quash the mandatory benefits assignment order, upon motion of the obligor promptly made and supported by an affidavit showing that the obligor has been prejudiced due to the failure to mail or serve the copy.
[ 1991 c 365 § 10; 1987 c 326 § 13.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.630 - Mandatory assignment of retirement benefits—Hearing to quash, modify, or terminate order.

RCW 41.50.630
Mandatory assignment of retirement benefits—Hearing to quash, modify, or terminate order.
In a hearing to quash, modify, or terminate the mandatory benefits assignment order, the court may grant relief only upon a showing that the mandatory benefits assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments subsequent to the issuance of the mandatory benefits assignment order is not grounds to quash, modify, or terminate the mandatory benefits assignment order. If a mandatory benefits assignment order has been in operation for twelve consecutive months and the obligor's spousal maintenance is current, the court may terminate the order upon motion of the obligor unless the obligee can show good cause as to why the mandatory benefits assignment order should remain in effect.
[ 1991 c 365 § 11; 1987 c 326 § 14.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.640 - Mandatory assignment of retirement benefits—Award of costs to prevailing party.

RCW 41.50.640
Mandatory assignment of retirement benefits—Award of costs to prevailing party.
In any action to enforce a dissolution order by means of a mandatory benefits assignment order pursuant to RCW 41.50.530 through 41.50.630 and 26.09.138, the court may award costs to the prevailing party, including an award for reasonable attorneys' fees consistent with RCW 26.09.140. An obligor shall not be considered a prevailing party under this section unless the obligee has acted in bad faith in connection with the proceeding in question. This section does not authorize an award of attorneys' fees against the department of retirement systems or any of the retirement systems listed in RCW 41.50.030.
[ 1987 c 326 § 15.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.650 - Payments pursuant to court orders entered under prior law.

RCW 41.50.650
Payments pursuant to court orders entered under prior law.
(1) Notwithstanding RCW 2.10.180(1), 2.12.090(1), * 41.26.180(1), 41.32.052(1), 41.40.052(1), and 43.43.310(1) as those sections existed between July 1, 1987, and July 28, 1991, the department of retirement systems shall make direct payments of benefits to a spouse or ex spouse pursuant to court orders or decrees entered before July 1, 1987, that complied with all the requirements in RCW 2.10.180(1), 2.12.090(2), * 41.26.180(3), 41.32.052(3), 41.40.052(3), 43.43.310(2), and ** 41.04.310 through 41.04.330, as such requirements existed before July 1, 1987. The department shall be responsible for making direct payments only if the decree or court order expressly orders the department to make direct payments to the spouse or ex spouse and specifies a sum certain or percentage amount of the benefit payments to be made to the spouse or ex spouse.
(2) The department of retirement systems shall notify a spouse or ex spouse who, pursuant to a mandatory benefits assignment order entered between July 1, 1987, and July 28, 1991, is receiving benefits in satisfaction of a court-ordered property division, that he or she is entitled to receive direct payments of a court-ordered property division pursuant to RCW 41.50.670 if the dissolution order fully complies or is modified to fully comply with the requirements of RCW 41.50.670 through 41.50.720 and, as applicable, RCW 2.10.180, 2.12.090, * 41.26.180, 41.32.052, 41.40.052, 43.43.310, and 26.09.138. The department shall send notice in writing as soon as reasonably feasible but no later than ninety days after July 28, 1991. The department shall also send notice to the obligor member spouse.
[ 1991 c 365 § 12; 1987 c 326 § 16.]
NOTES:
Reviser's note: *(1) RCW 41.26.180 was recodified as RCW 41.26.053 pursuant to 1994 c 298 § 5.
**(2) RCW 41.04.310 through 41.04.330 were repealed by 1987 c 326 § 21, effective July 1, 1987.
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.660 - Mandatory assignment of retirement benefits—Rules.

RCW 41.50.660
Mandatory assignment of retirement benefits—Rules.
The director shall adopt such rules under RCW 41.50.050 as the director may find necessary to carry out the purposes of RCW 41.50.500 through 41.50.650 and to avoid conflicts with any applicable federal or state laws.
[ 1987 c 326 § 27.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.680 - Property division obligations—Processing fee.

RCW 41.50.680
Property division obligations—Processing fee.
The department may deduct a processing fee for administering direct payments under RCW 41.50.670 according to the dissolution order. The fee may not exceed (1) seventy-five dollars or the actual average administrative costs, whichever is less, for the first disbursement made by the department; and (2) six dollars or the actual average administrative costs, whichever is less for subsequent disbursements. The department shall deduct the fee in equal dollar amounts from the obligee's and obligor's payments. The funds collected pursuant to this section shall be deposited in the department of retirement systems expense account.
[ 1991 c 365 § 14.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.690 - Property division obligations—Obligee entitled to statement of obligor's retirement benefits—When.

RCW 41.50.690
Property division obligations—Obligee entitled to statement of obligor's retirement benefits—When.
Unless otherwise prohibited by federal law, following both the initial and final postretirement audit of an obligor's retirement benefit, the department shall provide an obligee entitled to direct payment of retirement benefits pursuant to a dissolution order under RCW 41.50.670 with a statement of monthly retirement benefit allowance to be paid to the obligor, and other retirement benefit information available to the obligor including the average final compensation, total years of service, retirement date, the amount of the employee contributions made prior to implementation of employer pickup under RCW 41.04.445 and 41.04.450, and savings and interest.
[ 1991 c 365 § 15.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.700 - Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member's periodic retirement payment.

RCW 41.50.700
Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member's periodic retirement payment.
(1) Except under subsection (3) of this section and RCW 41.26.460(5), 41.32.530(5), 41.32.785(5), 41.32.851(4), 41.35.220(4), 41.40.188(5), 41.40.660(5), 41.40.845(4), 43.43.271(4), and 41.34.080, the department's obligation to provide direct payment of a property division obligation to an obligee under RCW 41.50.670 shall cease upon the death of the obligee or upon the death of the obligor, whichever comes first. However, if an obligor dies and is eligible for a lump sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the withdrawal of accumulated contributions pursuant to a court order that complies with RCW 41.50.670.
(2) The direct payment of a property division obligation to an obligee under RCW 41.50.670 shall be paid as a deduction from the member's periodic retirement payment. An obligee may not direct the department to withhold any funds from such payment.
(3) The department's obligation to provide direct payment to a nonmember ex spouse from a preretirement divorce meeting the criteria of RCW * 41.26.162(2) or 43.43.270(2) may continue for the life of the member's surviving spouse qualifying for benefits under RCW 41.26.160, 41.26.161, or 43.43.270(2). Upon the death of the member's surviving spouse qualifying for benefits under RCW 41.26.160, 41.26.161, or 43.43.270(2), the department's obligation under this subsection shall cease. The department's obligation to provide direct payment to a nonmember ex spouse qualifying for a continued split benefit payment under *RCW 41.26.162(3) shall continue for the life of that nonmember ex spouse.
[ 2003 c 294 § 12; 2002 c 158 § 6; 1991 c 365 § 16.]
NOTES:
*Reviser's note: RCW 41.26.162 was amended by 2005 c 62 § 3, deleting subsections (2) and (3).
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.710 - Property division obligations—Remedies exclusive—Payment pursuant to court order defense against claims.

RCW 41.50.710
Property division obligations—Remedies exclusive—Payment pursuant to court order defense against claims.
(1) The remedies provided in RCW 41.50.670 through 41.50.720 are the exclusive remedies enforceable against the department or the retirement systems listed in RCW 41.50.030 for the direct payment of retirement benefits to satisfy a property division obligation pursuant to a dissolution order. The department shall not be required to make payments to an obligee of benefits accruing prior to (a) thirty calendar days following service of the dissolution order on the department; or (b) benefit payments restrained under RCW 41.50.720.
(2) Whenever the department of retirement systems makes direct payments of property division to a spouse or ex spouse under RCW 41.50.670 to the extent expressly provided for in any court decree of dissolution or legal separation or in any court order or court-approved property settlement agreement incident to any court decree of dissolution or legal separation, it shall be a sufficient answer to any claim of a beneficiary against the department for the department to show that the payments were made pursuant to court decree.
[ 1991 c 365 § 17.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.720 - Payment of benefits—Restraining orders.

RCW 41.50.720
Payment of benefits—Restraining orders.
A party to a dissolution proceeding may file a motion with the court requesting the court to enter an order restraining the department from paying any benefits to a member until further order of the court. The department shall not initiate payment of benefits to a member from the time a restraining order is served on the department until the court enters a further order disposing of the benefits.
[ 1991 c 365 § 25.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.730 - Retirement or termination agreement payments—Effect on pension benefits calculation.

RCW 41.50.730
Retirement or termination agreement payments—Effect on pension benefits calculation.
Any payment made by an employer to a member of any retirement system enumerated in RCW 41.50.030 based on either an agreement of the employee to terminate or retire; or notification to the employer of intent to retire; shall affect retirement as follows:
(1) If the agreement does not require the employee to perform additional service, the payment shall not be used in any way to calculate the pension benefit.
(2) If the agreement requires additional service and results in payment at the same or a lower rate than that paid for the same or similar service by other employees it may be included in the pension benefit calculation but shall be deemed excess compensation and is billable to the employer as provided in RCW 41.50.150.
(3) If the agreement requires additional service and results in payment at a rate higher than that paid for the same or similar service by other employees, that portion of the payment which equals the payment for the same or similar service shall be treated as described in subsection (2) of this section, and the balance of the payment shall be treated as described in subsection (1) of this section.
[ 1993 c 270 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.740 - Retirement or termination agreement payments—Opportunity to change payment options.

RCW 41.50.740
Retirement or termination agreement payments—Opportunity to change payment options.
Members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, and whose retirement allowance has been reduced under RCW 41.50.150 or is reduced after July 25, 1993, under RCW 41.50.730, shall have an opportunity to change the retirement allowance payment option selected by the member under RCW 41.32.530. Any request for a change shall be made in writing to the department no later than October 31, 1993, and shall apply prospectively only.
[ 1993 c 270 § 2.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.750 - Retirement or termination agreement payments—Overpayments not required to be repaid.

RCW 41.50.750
Retirement or termination agreement payments—Overpayments not required to be repaid.
(1) Retirees whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, shall not be required to repay to the trust funds any overpayments resulting from the employer misreporting, subject to the conditions provided in subsection (2) of this section. The retirees' allowances shall be prospectively adjusted to reflect the benefits to which the retirees are correctly entitled.
(2) Subsection (1) of this section shall apply only to members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district.
(3) Any retirees under subsection (2) of this section who, since January 1, 1990, have had their retirement allowances reduced under RCW 41.50.130(1)(b) because of the inclusion of retirement agreement payments in calculating their allowances, shall have their allowances adjusted to reflect the benefits to which the retirees are correctly entitled, but without a reduction to recoup prior overpayments. The retirees shall be reimbursed by the retirement system for the cumulative amount of the reduction in the retirement allowance that has occurred since January 1, 1990, to recoup prior overpayments.
(4) Any retirees covered by subsection (2) of this section who, after January 1, 1990, repaid a previous overpayment in a lump sum under RCW 41.50.130(1)(b) because of the inclusion of retirement agreement payments in calculating their allowances, shall be reimbursed by the retirement system for the amount of the lump sum repayment.
[ 1993 c 270 § 3.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.760 - Cost-of-living adjustments—Alternative calculation—Election.

RCW 41.50.760
Cost-of-living adjustments—Alternative calculation—Election.
The department of retirement systems may continue to pay cost-of-living adjustments consistent with the provisions of the statutes repealed by section 11, chapter 345, Laws of 1995, in lieu of the benefits provided by RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986, if the department determines that: (1) A member earned service credit under chapter 41.40 or 41.32 RCW on or after May 8, 1989; and (2) a retiree would receive greater increases in the next ten years under the statutes repealed by section 11, chapter 345, Laws of 1995 than under the provisions of RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986; and (3) the retiree does not elect the benefits provided by chapter 345, Laws of 1995 over the benefits provided under the statutes repealed by section 11, chapter 345, Laws of 1995. The election must be made in a manner prescribed by the department.
[ 1995 c 345 § 13.]
NOTES:
Intent—Effective date—1995 c 345: See notes following RCW 41.32.489.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.800 - Apportionment of budgeted funds of affected agencies.

RCW 41.50.800
Apportionment of budgeted funds of affected agencies.
If apportionments of budgeted funds are required because of the transfers herein authorized, the director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustment in funds and appropriation accounts and equipment records in accordance with such certification.
[ 1979 c 151 § 64; 1975-'76 2nd ex.s. c 105 § 13.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.801 - Continuation of rules, pending business, contracts, investments, etc.

RCW 41.50.801
Continuation of rules, pending business, contracts, investments, etc.
On the effective date of transfer as provided in RCW 41.50.030, all rules and regulations, and all pending business before any of the retirement boards whose powers, duties, and functions are transferred to the department by this chapter shall be continued and acted upon by the department.
All existing contracts and obligations pertaining to the functions herein transferred shall remain in full force and effect, and shall be performed by the department. None of the transfers directed by this chapter shall affect the validity of any act performed by a retirement board or by any official or employee thereof prior to the effective date of transfer as provided in RCW 41.50.030.
None of the transfers involving investment of funds by any of the retirement boards shall affect the validity of any act performed by such boards or by any official or employee thereof prior to the effective date of transfer as provided in RCW 41.50.030.
[1975-'76 2nd ex.s. c 105 § 14.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.802 - Transfer of reports, documents, etc., property, funds, assets, appropriations, etc.

RCW 41.50.802
Transfer of reports, documents, etc., property, funds, assets, appropriations, etc.
All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred by this chapter shall be made available to the department and to the state actuary.
All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the powers, duties, and functions transferred by this chapter shall be made available to the department.
All funds, credits, or other assets held in connection with powers, duties, and functions transferred by this chapter shall be assigned to the department.
Any appropriations made to any committee, division, board, or any other state agency for the purpose of carrying out the powers, duties, and functions transferred by this chapter shall, in the manner prescribed by the director of financial management, be transferred and credited to the department for the purpose of carrying out such transferred powers, duties, and functions.
[ 1979 c 151 § 65; 1975-'76 2nd ex.s. c 105 § 15.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.803 - Savings.

RCW 41.50.803
Savings.
Nothing in this chapter nor in the amendment of RCW 43.17.010, 43.17.020, or * 43.33.070 shall be construed to affect any existing rights acquired under RCW 43.17.010, 43.17.020, or * 43.33.070 except as to the governmental agencies referred to and their officials and employees, nor as affecting any actions, activities, or proceedings validated thereunder, nor as affecting any civil or criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of any agency or division thereof nor any transfer of powers, duties, and functions as provided in this chapter shall affect the validity of any act performed by such agency or division thereof or any officer thereof prior to the effective date of transfer as provided in RCW 41.50.030.
[1975-'76 2nd ex.s. c 105 § 16.]
NOTES:
*Reviser's note: RCW 43.33.070 was repealed by 1981 c 3 § 48, effective July 1, 1981.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.810 - Blind mailings to retirees—Restrictions.

RCW 41.50.810
Blind mailings to retirees—Restrictions.
(1) Any organization that exclusively provides representation or services to retired members of the Washington state retirement systems and has membership dues deducted through the department of retirement systems has the right to request the department to assist in doing blind mailings to retirees twice each year. The mailings must provide information to members of the retirement systems eligible for membership in the retiree organization regarding services offered by the retiree organization. The mailings shall not be for the purpose of supporting or opposing any political party, ballot measure, or candidate. The retiree organization must provide all printed materials to be mailed and envelopes to a mail processing center and pay all costs for generating mailing labels, inserting materials into envelopes, sealing, labeling, and delivering materials to be mailed to a bulk mail center or post office. The organization must use its own bulk mail permit and pay all postage costs.
(2) The department must provide requested retiree data for addressing the envelopes to the mail center under a secure data share agreement with the mail center under which neither the organizations nor any other entity has direct access to any names or addresses. The department has no obligation to approve or disapprove, or in any other way take any responsibility for, the content of the mailings. Only organizations that meet the requirements under subsection (1) of this section and have legal authority to provide services to retirement system retirees have the right to request assistance with blind mailings.
[ 2009 c 30 § 1.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.901 - Effective date—1987 c 326.

RCW 41.50.901
Effective date—1987 c 326.
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.
[ 1987 c 326 § 29.]
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.50 - Department of Retirement Systems. › 41.50.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 41.50.902
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 101.]
NOTES:
Effective dates—2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and 190-192: See note following RCW 2.10.900.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.010 - Definitions.

RCW 41.54.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Base salary" means salaries or wages earned by a member of a system during a payroll period for personal services and includes wages and salaries deferred under provisions of the United States internal revenue code, but shall exclude overtime payments, nonmoney maintenance compensation, and lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, any form of severance pay, any bonus for voluntary retirement, any other form of leave, or any similar lump sum payment; except that forms of payment which are excluded under this subsection shall be included in base salary when reportable to the department in all of a dual member's retirement systems, and when none of the dual member's retirement systems are the Washington state patrol retirement system.
(2) "Department" means the department of retirement systems.
(3) "Director" means the director of the department of retirement systems.
(4) "Dual member" means a person who (a) is or becomes a member of a system on or after July 1, 1988, (b) has been a member of one or more other systems, and (c) has never been retired for service from a retirement system and is not receiving a disability retirement or disability leave benefit from any retirement system listed in RCW 41.50.030 or subsection (6) of this section.
(5) "Service" means the same as it may be defined in each respective system. For the purposes of RCW 41.54.030, military service granted under RCW 41.40.170(3) or 43.43.260 may only be based on service accrued under chapter 41.40 or 43.43 RCW, respectively.
(6) "System" means the retirement systems established under chapters 41.32, 41.40, 41.44, 41.35, 41.37, and 43.43 RCW; plan 2 of the system established under chapter 41.26 RCW; and the city employee retirement systems for Seattle, Tacoma, and Spokane.
[ 2007 c 207 § 1; 2004 c 242 § 58; 1998 c 341 § 702; 1993 c 517 § 8; 1990 c 192 § 1; 1988 c 195 § 1; 1987 c 192 § 1.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Purpose—1993 c 517: See note following RCW 41.26.420.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.020 - Benefits under prior retirement systems—Restoration of contributions.

RCW 41.54.020
Benefits under prior retirement systems—Restoration of contributions.
(1) Those persons who are dual members on or after July 1, 1988, shall not receive a retirement benefit from any prior system while dual members without the loss of all benefits under this chapter. Retroactive retirement in any prior system will cancel membership in any subsequent systems except as allowed under RCW 41.04.270 and will result in the refund of all employee and employer contributions made to such systems.
(2) If a member has withdrawn contributions from a prior system, the member may restore the contributions, together with interest since the date of withdrawal as determined by the system, and recover the service represented by the contributions. Such restoration must be completed within two years of establishing dual membership or prior to retirement, whichever occurs first.
(3) If a member does not meet the time limitation under subsection (2) of this section, the member, prior to retirement, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165(2).
(4) Any service accrued in one system by the member shall not accrue in any other system.
[ 1994 c 197 § 32; 1987 c 384 § 2; 1987 c 192 § 2.]
NOTES:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.
Effective dates—1987 c 384: See note following RCW 41.40.150.
2023 Revised Code of Washington › Title 41 - Public Employment, Civil Service, and Pensions › Chapter 41.54 - Portability of Public Retirement Benefits. › 41.54.030 - Calculation of service retirement allowance.

RCW 41.54.030
Calculation of service retirement allowance.
(1) A dual member may combine service in all systems for the purpose of:
(a) Determining the member's eligibility to receive a service retirement allowance; and
(b) Qualifying for a benefit under RCW 41.26.530(2), 41.32.840(2), 41.35.620, or 41.40.790.
(2) A dual member who is eligible to retire under any system may elect to retire from all the member's systems and to receive service retirement allowances calculated as provided in this section. Each system shall calculate the allowance using its own criteria except that the member shall be allowed to substitute the member's base salary from any system as the compensation used in calculating the allowance.
(3) The service retirement allowances from a system which, but for this section, would not be allowed to be paid at this date based on the dual member's age may be received immediately or deferred to a later date. The allowances shall be actuarially adjusted from the earliest age upon which the combined service would have made such dual member eligible in that system.
(4) The service retirement eligibility requirements of RCW 41.40.180 shall apply to any dual member whose prior system is plan 1 of the public employees' retirement system established under chapter 41.40 RCW.
[ 2007 c 207 § 2; 2003 c 294 § 13; 1998 c 341 § 703. Prior: 1996 c 55 § 4; 1996 c 55 § 3; 1996 c 39 § 19; 1995 c 239 § 319; 1990 c 192 § 2; 1988 c 195 § 2; 1987 c 192 § 3.]
NOTES:
Effective date—1998 c 341: See RCW 41.35.901.
Effective dates—1996 c 39: See note following RCW 41.32.010.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Benefits not contractual right until date specified: RCW 41.34.100.