RCW 41.50.790
Survivor benefits -- Dissolution orders.(1)
The department shall designate an obligee as a survivor
beneficiary of a member under RCW 2.10.146, 41.26.460, 41.32.530,
41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.37.170,
or 41.40.845 if the department has been served by registered or
certified mail with a dissolution order as defined in RCW 41.50.500 at least thirty days prior to the member's retirement.
The department's duty to comply with the dissolution order arises
only if the order contains a provision that states in
substantially the following form:
When . . . . . . (the obligor) applies for retirement
the department shall designate . . . . . . (the
obligee) as survivor beneficiary with a . . . . . .
survivor benefit.
The survivor benefit designated in the dissolution order must be
consistent with the survivor benefit options authorized by
statute or administrative rule.
(2) The obligee's entitlement to a survivor benefit pursuant
to a dissolution order filed with the department in compliance
with subsection (1) of this section shall cease upon the death of
the obligee.
(3)(a) A subsequent dissolution order may order the
department to divide a survivor benefit between a survivor
beneficiary and an alternate payee. In order to divide a
survivor benefit between more than one payee, the dissolution
order must:
(i) Be ordered by a court of competent jurisdiction
following notice to the survivor beneficiary;
(ii) Contain a provision that complies with subsection (1)
of this section designating the survivor beneficiary;
(iii) Contain a provision clearly identifying the alternate
payee or payees; and
(iv) Specify the proportional division of the benefit
between the survivor beneficiary and the alternate payee or
payees.
(b) The department will calculate actuarial adjustment for
the court-ordered survivor benefit based upon the life of the
survivor beneficiary.
(c) If the survivor beneficiary dies, the department shall
terminate the benefit. If the alternate payee predeceases the
survivor beneficiary, all entitlement of the alternate payee to a
benefit ceases and the entire benefit will revert to the survivor
beneficiary.
(d) For purposes of this section, "survivor beneficiary"
means:
(i) The obligee designated in the provision of dissolution
filed in compliance with subsection (1) of this section; or
(ii) In the event of more than one dissolution order, the
obligee named in the first decree of dissolution received by the
department.
(e) For purposes of this section, "alternate payee" means a
person, other than the survivor beneficiary, who is granted a
percentage of a survivor benefit pursuant to a dissolution order.
(4) The department shall under no circumstances be held
liable for not designating an obligee as a survivor beneficiary
under subsection (1) of this section if the dissolution order or
amendment thereto is not served on the department by registered
or certified mail at least thirty days prior to the member's
retirement.
(5) If a dissolution order directing designation of a
survivor beneficiary has been previously filed with the
department in compliance with this section, no additional
obligation shall arise on the part of the department upon filing
of a subsequent dissolution order unless the subsequent
dissolution order:
(a) Specifically amends or supersedes the dissolution order
already on file with the department; and
(b) Is filed with the department by registered or certified
mail at least thirty days prior to the member's retirement.
(6) The department shall designate a court-ordered survivor
beneficiary pursuant to a dissolution order filed with the
department before June 6, 1996, only if the order:
(a) Specifically directs the member or department to make
such selection;
(b) Specifies the survivor option to be selected; and
(c) The member retires after June 6, 1996.[2004 c 242 §
52; 2002 c 26 § 8; 1998 c 341 § 514; 1996 c 175 § 1.]
NOTES:
Effective date -- 2004 c 242: See RCW 41.37.901.
Effective date -- 1998 c 341: See RCW 41.35.901.