(1) Except as provided in
RCW 11.07.010, if a member or a vested member who has not
completed at least ten years of service dies, the amount of the
accumulated contributions standing to such member's credit in the
retirement system at the time of such member's death, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under
RCW 41.50.670, shall be paid to the member's estate, or such
person or persons, trust, or organization as the member shall
have nominated by written designation duly executed and filed
with the department. If there be no such designated person or
persons still living at the time of the member's death, such
member's accumulated contributions standing to such member's
credit in the retirement system, less any amount identified as
owing to an obligee upon withdrawal of accumulated contributions
pursuant to a court order filed under RCW 41.50.670, shall be
paid to the member's surviving spouse as if in fact such spouse
had been nominated by written designation, or if there be no such
surviving spouse, then to such member's legal representatives.
(2) If a member who is eligible for retirement or a member
who has completed at least ten years of service dies, the
surviving spouse or eligible child or children shall elect to
receive either:
(a) A retirement allowance computed as provided for in RCW 41.26.430, actuarially reduced by the amount of any lump sum
benefit identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under
RCW 41.50.670 and actuarially adjusted to reflect a joint and one
hundred percent survivor option under RCW 41.26.460 and if the
member was not eligible for normal retirement at the date of
death a further reduction as described in RCW 41.26.430; if a
surviving spouse who is receiving a retirement allowance dies
leaving a child or children of the member under the age of
majority, then such child or children shall continue to receive
an allowance in an amount equal to that which was being received
by the surviving spouse, share and share alike, until such child
or children reach the age of majority; if there is no surviving
spouse eligible to receive an allowance at the time of the
member's death, such member's child or children under the age of
majority shall receive an allowance share and share alike
calculated as herein provided making the assumption that the ages
of the spouse and member were equal at the time of the member's
death; or
(b)(i) The member's accumulated contributions, less any
amount identified as owing to an obligee upon withdrawal of
accumulated contributions pursuant to a court order filed under
RCW 41.50.670; or
(ii) If the member dies on or after July 25, 1993, one
hundred fifty percent of the member's accumulated contributions,
less any amount identified as owing to an obligee upon withdrawal
of accumulated contributions pursuant to a court order filed
under RCW 41.50.670. Any accumulated contributions attributable
to restorations made under RCW 41.50.165(2) shall be refunded at
one hundred percent.
(3) If a member who is eligible for retirement or a member
who has completed at least ten years of service dies after
October 1, 1977, and is not survived by a spouse or an eligible
child, then the accumulated contributions standing to the
member's credit, less any amount identified as owing to an
obligee upon withdrawal of accumulated contributions pursuant to
a court order filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or
organization as the member shall have nominated by written
designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still
living at the time of the member's death, then to the member's
legal representatives.
(4) The retirement allowance of a member who is killed in
the course of employment, as determined by the director of the
department of labor and industries, is not subject to an
actuarial reduction. The member's retirement allowance is
computed under RCW 41.26.420.
(5) The retirement allowance paid to the spouse and
dependent children of a member who is killed in the course of
employment, as set forth in RCW 41.05.011(14), shall include
reimbursement for any payments of premium rates to the Washington
state health care authority pursuant to RCW 41.05.080.
[2006 c 345 § 1; 2004 c 5 § 1; 2000 c 247 § 1001. Prior: 1995 c 245 § 1; 1995 c 144 § 19; 1993 c 236 § 3; 1991 c 365 § 31; 1990 c 249 § 14; 1977 ex.s. c 294 § 12.]
NOTES:
Contractual right not granted -- 2006 c 345: "The legislature reserves the right to amend or repeal this act in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that time." [2006 c 345 § 3.]
Effective dates -- Subchapter headings not law -- 2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date -- 1995 c 245: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 5, 1995]." [1995 c 245 § 3.]
Severability -- 1991 c 365: See note following RCW 41.50.500.
Findings -- 1990 c 249: See note following RCW 2.10.146.
Legislative direction and placement -- Section headings -- 1977 ex.s. c 294: See notes following RCW 41.26.410.