(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), and41.34.080
, 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.