Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › PROPERTY DIVISION IN DISSOLUTION ORDERS › Section 415-02-510 - How can a property division dissolution order give my ex-spouse an interest[1] in my Plan 1 or 2 retirement account?

Current through Register Vol. 24-14, July 15, 2024
(1)
Who uses
				this section?
You
MUST
use this section if
				you are a member of LEOFF Plan 1, WSPRS Plan 1, JRF or JRS, or a
nonvested
member of LEOFF Plan 2, PERS Plan 1 or 2, PSERS, SERS
				Plan 2, TRS Plan 1 or 2, or WSPRS Plan 2.
(2)
Dividing a defined monthly
				retirement benefit (defined benefit).
Your defined monthly retirement
				benefit may be divided between you and your ex-spouse.
(a)
What language must the property
				division dissolution order or amendment include?
The order must include
				the language in
				RCW
				41.50.670(2), provided
				below. The order or amendment must state either a specific dollar amount or
				percentage of the benefit. It cannot state both. (See example in WAC
				415-02-500(14).
If _________ (the obligor) receives periodic retirement
				  payments as defined in
				  RCW
				  41.50.500, the department of retirement
				  systems shall pay to ________ (the obligee) ________ dollars from such payments
				  or ___ percent of such payments. If the obligor's debt is expressed as a
				  percentage of his or her periodic retirement payment and the obligee does not
				  have a survivorship interest in the obligor's benefit, the amount received by
				  the obligee shall be the percentage of the periodic retirement payment that the
				  obligor would have received had he or she selected a standard allowance.
If ___________ (the obligor) requests or has requested a
				  withdrawal of accumulated contributions as defined in
				  RCW
				  41.50.500, or becomes eligible for a lump sum
				  death benefit, the department of retirement systems shall pay to ________ (the
				  obligee) ________ dollars plus interest at the rate paid by the department of
				  retirement systems on member contributions. Such interest to accrue from the
				  date of this order's entry with the court of record.
(b)
How will my account be affected if
				the department accepts the property division dissolution order
BEFORE
I retire?
(i)
				Your ex-spouse will not receive any payments from the department until you
				terminate your employment or retire.
(ii) If you terminate your employment and
				request a withdrawal of your accumulated contributions, the department will pay
				your ex-spouse his or her share when you receive your payment. If you terminate
				your employment and do not request a withdrawal of contributions, your
				ex-spouse will be unable to receive his or her share until you withdraw your
				accumulated contributions.
(iii) If
				you die before retirement, the department will pay your ex-spouse his or her
				share of your accumulated contributions in a lump-sum payment.
(c)
How will my account be
				affected if the department accepts the property division dissolution order
AFTER
I retire?
(i) If
				included in the dissolution order, the department will begin paying your
				ex-spouse his or her portion of your monthly retirement allowance the first
				month after the department has accepted the order.
(ii) If your ex-spouse dies before you, the
				portion of your monthly retirement allowance that was being paid to your
				ex-spouse will be paid to you.
(iii) If you die before your ex-spouse,
				payments to your ex-spouse stop unless the department accepted the order at
				least 30 days before you retired and the order required the department to name
				your ex-spouse as a survivor beneficiary (if allowed by your retirement system
				and plan). See
				RCW
				41.50.700(1) and
				41.50.790.
(iv) If you are a member of LEOFF Plan 1 or
				WSPRS Plan 1 and if one of the provisions in
				RCW
				41.50.700(3) applies:
(A) Your ex-spouse may be eligible to receive
				payments for the life of your surviving spouse; or
(B) If you are a member of LEOFF Plan 1, your
				ex-spouse may be eligible to receive payments for his or her
				lifetime.
(d)
Is there a maximum payment amount that a property division dissolution
				order can award to my ex-spouse?
Yes. See
				RCW
				41.50.670(4) and WAC
				415-02-500(10)
				for information.
(e)
If the
				property division dissolution order directs the department to make payments to
				my ex-spouse, how will the payments be made?
The department will make
				the required payments as specified in the dissolution order directly to your
				ex-spouse.
(f)
What happens
				if I transfer to Plan 3 after the department has accepted my property division
				dissolution order or most recent amendment?
See WAC
				415-02-550 for
				information.
(g)
Can I amend
				my existing order to remove my ex-spouse as my survivor beneficiary?
Yes. To remove your ex-spouse as your survivor beneficiary, you must submit a
				"conformed copy" of the court order splitting your account. A conformed copy is
				a copy of the order that has been signed by the judge or commissioner on or
				after July 1, 2003, and filed with the court. Removing your ex-spouse as
				survivor beneficiary will change your retirement benefit. See WAC
				415-02-520(9)
				for the language that must be used.