title: RCW 41.50.088

text:
(1) The director shall adopt rules as necessary and exercise the following powers and duties:
(a) The director shall recommend to the state investment board types of options for member self-directed investment in the teachers' retirement system plan 3, the school employees' retirement system plan 3, and the public employees' retirement system plan 3 as deemed by the director to be reflective of the members' preferences;
(b) By July 1, 2005, subject to favorable tax determination by the internal revenue service, the director shall make optional actuarially equivalent life annuity benefit payment schedules available to members and survivors that may be purchased from the combined plan 2 and plan 3 funds under RCW 41.50.075; and
(c) Determination of the basis for administrative charges to the self-directed investment fund to offset self-directed account expenses;
(2) The director shall recommend to the state investment board types of options for participant self-directed investment in the state deferred compensation plan, as deemed by the director to be reflective of the participants' preferences.
[ 2010 1st sp.s. c 7 s 28; 2005 c 327 s 14; 2000 c 247 s 602. Prior: 1998 c 341 s 507; 1998 c 116 s 10; 1995 c 239 s 302.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See note following RCW 41.34.060.
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.

catchline: Duties of director—Retirement investments.


doc_type: statute

jurisdiction: wa

title: RCW 41.50.090

text:
(1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW 41.50.030, the department shall succeed to and is vested with all powers, duties, and functions now or by any concurrent act of this 1976 legislature vested in the individual retirement boards set forth in RCW 41.50.030 relating to the administration of their various retirement systems, including but not limited to the power to appoint a staff and define the duties thereof: PROVIDED, That actuarial services required by the department shall be performed by the state actuary as provided in RCW 44.44.040.
(2) The department shall keep each retirement board fully informed on the administration of the corresponding retirement system, and shall furnish any information requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070, 41.50.055, 41.32.025, or 41.40.020 shall be submitted to the appropriate retirement boards for review prior to adoption. After receiving approval of the members of the appropriate board, such rules shall become effective as provided by the administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent disability, with such staff assistance from the department as may be required. The director shall perform those functions with respect to disability benefits as are vested in him or her by RCW 41.26.120, 41.26.125, and 41.26.200.
[ 1985 c 102 s 6; 1983 c 3 s 97; 1981 c 294 s 8; 1975-'76 2nd ex.s. c 105 s 11.]
Notes:
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Severability—1981 c 294: See note following RCW 41.26.115.
PDF
RCW 41.50.090
Department succeeds to and vested with transferred powers, duties, and functions—Boards to be kept informed—Approval of rules—Disability benefit applications. (Effective June 30, 2029.)
(1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW 41.50.030, the department shall succeed to and is vested with all powers, duties, and functions now or by any concurrent act of this 1976 legislature vested in the individual retirement boards set forth in RCW 41.50.030 relating to the administration of their various retirement systems, including but not limited to the power to appoint a staff and define the duties thereof: PROVIDED, That actuarial services required by the department shall be performed by the state actuary as provided in RCW 44.44.040.
(2) The department shall keep each retirement board fully informed on the administration of the corresponding retirement system, and shall furnish any information requested by a retirement board.
(3) Rules proposed by the director under RCW 2.10.070, 41.50.055, 41.32.025, or 41.40.020 shall be submitted to the appropriate retirement boards for review prior to adoption. After receiving approval of the members of the appropriate board, such rules shall become effective as provided by the administrative procedure act, chapter 34.05 RCW.
(4) Each retirement board shall continue to perform all functions as are vested in it by law with respect to applications for benefits paid upon either temporary or permanent disability, with such staff assistance from the department as may be required. The director shall perform those functions with respect to disability benefits as are vested in him or her by chapter 41.26A RCW.
[ 2026 c 261 s 451; 1985 c 102 s 6; 1983 c 3 s 97; 1981 c 294 s 8; 1975-'76 2nd ex.s. c 105 s 11.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Purpose—Retrospective application—1985 c 102: See notes following RCW 41.26.120.
Severability—1981 c 294: See note following RCW 41.26.115.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Department succeeds to and vested with transferred powers, duties, and functions—Boards to be kept informed—Approval of rules—Disability benefit applications. (Effective until June 30, 2029.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.50.110

text:
(1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 28B.10, 41.26, 41.32, 41.40, 41.34, 41.35, 41.37, 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 28B.10.400, 41.26.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
(3) The department shall compute and bill each employer, as defined in RCW 28B.10.400, 41.26.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.
(5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.
(c) The department shall adopt rules implementing this section.
(6) Expenses other than those under RCW 41.34.060(4) shall be paid pursuant to subsection (1) of this section.
(7) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to transfer money in the department of retirement systems' expense fund to the state general fund.
[ 2025 c 424 s 941; 2015 3rd sp.s. c 4 s 951. Prior: 2011 1st sp.s. c 50 s 936; 2011 1st sp.s. c 47 s 22; 2009 c 564 s 924; 2008 c 329 s 911; 2005 c 518 s 923; 2004 c 242 s 46; 2003 1st sp.s. c 25 s 914; prior: 2003 c 295 s 3; 2003 c 294 s 11; 1998 c 341 s 508; 1996 c 39 s 17; 1995 c 239 s 313; 1990 c 8 s 3; 1979 ex.s. c 249 s 8.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Intent—Effective dates—2011 1st sp.s. c 47: See notes following RCW 28B.10.400.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110.
Effective date—2005 c 518 s 923: "Section 923 (RCW 41.50.110) of this act takes effect July 1, 2006." [ 2005 c 518 s 1806.]
Effective date—2004 c 242: See RCW 41.37.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
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.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.
PDF
RCW 41.50.110
Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee. (Effective June 30, 2029.)
(1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 28B.10, 41.26, 41.26A, 41.32, 41.40, 41.34, 41.35, 41.37, 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.
(2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 28B.10.400, 41.26.030, 41.26A.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
(3) The department shall compute and bill each employer, as defined in RCW 28B.10.400, 41.26.030, 41.26A.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
(4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.
(5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
(a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.
(c) The department shall adopt rules implementing this section.
(6) Expenses other than those under RCW 41.34.060(4) shall be paid pursuant to subsection (1) of this section.
(7) During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to transfer money in the department of retirement systems' expense fund to the state general fund.
[ 2026 c 261 s 452; 2025 c 424 s 941; 2015 3rd sp.s. c 4 s 951. Prior: 2011 1st sp.s. c 50 s 936; 2011 1st sp.s. c 47 s 22; 2009 c 564 s 924; 2008 c 329 s 911; 2005 c 518 s 923; 2004 c 242 s 46; 2003 1st sp.s. c 25 s 914; prior: 2003 c 295 s 3; 2003 c 294 s 11; 1998 c 341 s 508; 1996 c 39 s 17; 1995 c 239 s 313; 1990 c 8 s 3; 1979 ex.s. c 249 s 8.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Intent—Effective dates—2011 1st sp.s. c 47: See notes following RCW 28B.10.400.
Effective date—2009 c 564: See note following RCW 2.68.020.
Severability—Effective date—2008 c 329: See notes following RCW 28B.105.110.
Effective date—2005 c 518 s 923: "Section 923 (RCW 41.50.110) of this act takes effect July 1, 2006." [ 2005 c 518 s 1806.]
Effective date—2004 c 242: See RCW 41.37.901.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
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.
Findings—1990 c 8: See note following RCW 41.50.065.
Benefits not contractual right until date specified: RCW 41.34.100.

catchline: Expenses of administration paid from department of retirement systems expense fund—Administrative expense fee. (Effective until June 30, 2029.)


title: RCW 41.50.112

text:
Employers, as defined in RCW 41.26.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report all member data to the department in a format designed and communicated by the department. Employers failing to comply with this reporting requirement shall be assessed an additional fee as defined under RCW 41.50.110(5).
[ 2000 c 247 s 1107.]
Notes:
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
PDF
RCW 41.50.112
Report of member data—Department-designed format. (Effective June 30, 2029.)
Employers, as defined in RCW 41.26.030, 41.26A.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report all member data to the department in a format designed and communicated by the department. Employers failing to comply with this reporting requirement shall be assessed an additional fee as defined under RCW 41.50.110(5).
[ 2026 c 261 s 453; 2000 c 247 s 1107.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.

catchline: Report of member data—Department-designed format. (Effective until June 30, 2029.)


title: RCW 41.50.120

text:
Notwithstanding any provision of law to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or check to the department within fifteen days following the end of each calendar month the moneys due the department as determined by the statutes governing each system together with such reports as the department may require. The director may collect interest on any employer's overdue payments at the rate of one percent per month on the outstanding balance where necessary to secure adherence to timeliness requirements.
[ 1979 ex.s. c 249 s 9.]

catchline: Payment of moneys due department by employers—Interest.


title: RCW 41.50.125

text:
The department may charge interest, as determined by the director, on member or employer contributions owing to any of the retirement systems listed in RCW 41.50.030. The department's authority to charge interest shall extend to all optional and mandatory billings for contributions where member or employer contributions are paid other than immediately after service is rendered. Except as explicitly limited by statute, the director may delay the imposition of interest charges on late contributions under this section if the delay is necessary to implement required changes in the department's accounting and information systems.
[ 1994 c 177 s 2.]
Notes:
Findings—1994 c 177: "The legislature finds that:
(1) Whenever employer or member contributions are not made at the time service is rendered, the state retirement system trust funds lose investment income which is a major source of pension funding. The department of retirement systems has broad authority to charge interest to compensate for the loss to the trust funds, subject only to explicit statutory provisions to the contrary.
(2) The inherent authority of the department to recover all overpayments and unauthorized payments from the retirement trust funds, for the benefit of members and taxpayers, should be established clearly in statute." [ 1994 c 177 s 1.]

catchline: Interest on contributions—Department may charge.


title: RCW 41.50.130

text:
(1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW 41.50.030. Should any error in such records result in any member, beneficiary, or other person or entity receiving more or less than he or she would have been entitled to had the records been correct, the director, subject to the conditions set forth in this section, shall adjust the payment in such a manner that the benefit to which such member, beneficiary, or other person or entity was correctly entitled shall be paid in accordance with the following:
(a) In the case of underpayments to a member or beneficiary, the retirement system shall correct all future payments from the point of error detection, and shall compute the additional payment due for the allowable prior period which shall be paid in a lump sum by the appropriate retirement system.
(b) In the case of overpayments to a retiree or other beneficiary, the retirement system shall adjust the payment so that the retiree or beneficiary receives the benefit to which he or she is correctly entitled. The retiree or beneficiary shall either repay the overpayment in a lump sum within ninety days of notification or, if he or she is entitled to a continuing benefit, elect to have that benefit actuarially reduced by an amount equal to the overpayment. The retiree or beneficiary is not responsible for repaying the overpayment if the employer is liable under RCW 41.50.139 or 41.26.570.
(c) In the case of overpayments to a person or entity other than a member or beneficiary, the overpayment shall constitute a debt from the person or entity to the department, recovery of which shall not be barred by laches or statute of limitations.
(2) Except in the case of actual fraud or overpayments under RCW 41.26.570, in the case of overpayments to a member or beneficiary, the benefits shall be adjusted to reflect only the amount of overpayments made within three years of discovery of the error, notwithstanding any provision to the contrary in chapter 4.16 RCW.
(3) Except in the case of actual fraud, no monthly benefit shall be reduced by more than fifty percent of the member's or beneficiary's corrected benefit. Any overpayment not recovered due to the inability to actuarially reduce a member's benefit due to: (a) The provisions of this subsection; or (b) the fact that the retiree's monthly retirement allowance is less than the monthly payment required to effectuate an actuarial reduction, shall constitute a claim against the estate of a member, beneficiary, or other person or entity in receipt of an overpayment.
(4) Except as provided in subsection (2) of this section, obligations of employers or members until paid to the department shall constitute a debt from the employer or member to the department, recovery of which shall not be barred by laches or statutes of limitation.
[ 2024 c 304 s 301; 1997 c 254 s 15; 1994 c 177 s 3; 1987 c 490 s 1; 1982 c 13 s 1.]
Notes:
Effective date—2024 c 304 ss 301 and 302: See note following RCW 41.26.570.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—1994 c 177: See note following RCW 41.50.125.

catchline: Correction of retirement systems' records—Adjustment in payment of benefits—Limitations.


title: RCW 41.50.131

text:
(1) Notwithstanding RCW 41.50.130, the department is not required to correct, nor to cause any employer to correct the reporting error described in subsection (2) of this section.
(2) Standby pay and other similar forms of compensation that are not pay for time worked were not salary or wages for personal services within the meaning of RCW 41.40.010(8). Contrary to RCW 41.40.010(8), some employers have been reporting standby pay to the department as compensation earnable. To avoid unduly impacting the retirement allowances of persons who have retired on or before June 9, 1994, the department is not required to correct, nor cause to be corrected, any misreporting of amounts identified as standby pay through June 9, 1994. Any erroneous reporting of amounts identified as standby pay to the department on or after June 9, 1994, shall be corrected as an error under RCW 41.50.130.
(3) The forgiveness of past misreporting under subsection (2) of this section constitutes a benefit enhancement for those individuals for whom amounts received as standby pay were misreported to the department. Prior to June 9, 1994, no retirement system member had any right, contractual or otherwise, to have amounts identified as standby pay included as compensation earnable.
[ 1994 c 177 s 9.]
Notes:
Findings—1994 c 177: See note following RCW 41.50.125.

catchline: Correction of errors in reporting compensation earnable.


title: RCW 41.50.132

text:
(1) By December 31, 1992, the department of retirement systems shall implement and complete the following process for those members of the law enforcement officers' and firefighters' retirement system plan 2, public employees' retirement system plans 1 and 2, and teachers' retirement system plan 2 who erroneously had contributions either deducted or picked-up from their earnings on and after January 1, 1987:
(a) Create a list of transactions by employer for those members whose employer either deducted or picked-up employee contributions during a month where an employee did not work sufficient hours to earn service credit;
(b) Provide the affected employers with direction and guidance for the review of the transmitted lists from this subsection and the employers' preparation of any necessary correcting transactions to the department's records;
(c) Receive all correcting transactions submitted by the employer.
(2) All debits and credits to all member accounts affected by this remedial process shall be reconciled by the department.
(3) All moneys payable to an affected member, or any moneys to be further deducted or picked-up from such member's earnings, shall be determined and accomplished solely by the employer.
(4) After December 31, 1992, no credit of employer contributions shall be made.
(5) Return of contributions to an employee by the department is limited solely to when such member retires or otherwise terminates his or her membership and chooses to withdraw them with any accumulated interest.
(6) Employer contributions forfeited under this section shall be transferred to the department of retirement systems expense account.
[ 1991 c 343 s 13.]
Notes:
Findings—Effective dates—1991 c 343: See notes following RCW 41.50.005.

catchline: Correction of erroneous deduction or pickup of contributions.


title: RCW 41.50.133

text:
(1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based on the application of section 2, chapter 96, Laws of 1979 ex. sess., nor shall such benefits be reduced.
(2) The director of the department of retirement systems shall not recover from retirees any pension overpayments made between July 1, 1990, and February 1, 1992, based upon the application of *RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.485, 41.32.487, or 41.32.575 due to the incorrect calculation of the "age sixty-five allowance" as this term is defined in *RCW 41.32.575(1)(a) and 41.40.325(1)(a).
[ 1992 c 212 s 21; 1987 c 490 s 2.]
Notes:
*Reviser's note: RCW 41.40.198, 41.40.1981, 41.40.325, 41.32.487, and 41.32.575 were repealed by 1995 c 345 s 11.

catchline: Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system.


title: RCW 41.50.135

text:
(1) If the department finds that any member, beneficiary, or other person or entity has been paid an amount of retirement benefits to which that person or entity is not entitled, and the person is not entitled to a continuing benefit from any of the retirement systems listed in RCW 41.50.030, the department may issue an order and notice of assessment specifying the amount due, including interest, to be remitted to the department. The order and notice of assessment shall be served upon any person or entity who may have received benefits to which the person or entity is not entitled. The order and notice of assessment shall be served by the department in the manner prescribed for the service of a summons in a civil action, or by certified mail to the last known address of the obligor as shown by the records of the department.
(2) Any notice of assessment under subsection (1) of this section shall constitute a determination of liability from which the member, beneficiary, or other person or entity served may appeal by filing a petition for adjudicative proceedings with the director personally or by mail within sixty days from the date the assessment was served. If a petition for adjudicative proceedings is not filed within sixty days of the delivery of the notice of assessment, the determination that was the basis for establishing the overpayment debt and the assessment is conclusive and final.
(3) This section creates an administrative process for the collection of overpayments from persons who are not entitled to a continuing benefit from one of the retirement systems listed in RCW 41.50.030. The collection of overpayments from persons entitled to a continuing benefit from one of the retirement systems listed in RCW 41.50.030 is governed by RCW 41.50.130.
[ 1996 c 56 s 1.]

catchline: Collection of overpayments—Determination of liability—Administrative process created.


title: RCW 41.50.136

text:
Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135, the director, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. A copy of the warrant shall be mailed to the person mentioned in the warrant by certified mail to the person's last known address within five days of its filing with the clerk.
[ 2001 c 146 s 5; 1996 c 56 s 2.]

catchline: Collection of overpayments—Issuance of warrant—Lien.


title: RCW 41.50.137

text:
The department may issue subpoenas to compel the statement of witnesses and the production of any books, records, or documents necessary or relevant to the department's administration of duties under this chapter. It is unlawful for any person or entity, without just cause, to fail to comply with any subpoena issued under this section.
[ 1996 c 56 s 3.]

catchline: Collection of overpayments—Department may issue subpoenas.


title: RCW 41.50.138

text:
(1) The director may waive repayment of all or part of a retirement allowance overpayment, under RCW 41.50.130 only, if:
(a) The overpayment was not the result of the retiree's or the beneficiary's nondisclosure, fraud, misrepresentation, or other fault; and
(b) The director finds in his or her sole discretion that recovery of the overpayment would be a manifest injustice.
(2) The director may not waive an overpayment if the member, retiree, or beneficiary:
(a) Provided incorrect information to the department or the employer which caused the overpayment;
(b) Failed to provide information to the department or the employer which was necessary to correctly calculate the retirement allowance;
(c) Caused the employer to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that he or she was in receipt of an overpayment.
(3) If the director waives an overpayment and the overpayment occurred because the member's or retiree's employer:
(a) Provided incorrect information to the department which caused the overpayment;
(b) Failed to provide information to the department which was necessary to correctly calculate the retirement allowance;
(c) Caused another party to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably should have known that the information provided would cause the retiree or beneficiary to be overpaid;
then the department shall bill the member's or retiree's employer for the amount of the overpayment that would have been recoverable under RCW 41.50.130 had the overpayment not been waived pursuant to this section.
(4) Nothing in this section authorizes the director to waive the prospective correction of an overstated retirement allowance.
(5) If the director waives an overpayment he or she must state in writing:
(a) The nature of and reason for the overpayment;
(b) The reason for the waiver; and
(c) The amount of the overpayment that is waived.
The department will maintain a file containing documentation of all overpayments waived. The department will provide the file to any person upon request.
(6) This section applies to overpayments identified on or after September 1, 1994.
[ 1996 c 56 s 4.]

catchline: Collection of overpayments—Waiver of overpayment.


title: RCW 41.50.139

text:
(1) Retirement system employers shall elicit on a written form from all new employees as to their having been retired from a retirement system listed in RCW 41.50.030. Employers must report any retirees in their employ to the department. If a retiree works in excess of applicable postretirement employment restrictions and the employer failed to report the employment of the retiree, that employer is liable for the loss to the trust fund.
(2) If an employer erroneously reports to the department that an employee has separated from service such that a person receives a retirement allowance in contravention of the applicable retirement system statutes, the person's retirement status shall remain unaffected and the employer is liable for the resulting overpayments.
(3) Upon receipt of a billing from the department, the employer shall pay into the appropriate retirement system trust fund the amount of the overpayment plus interest as determined by the director. The employer's liability under this section shall not exceed the amount of overpayments plus interest received by the retiree within three years of the date of discovery, except in the case of fraud. In the case of fraud, the employer is liable for the entire overpayment plus interest.
[ 1997 c 254 s 16.]
Notes:
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.

catchline: Retirement status reports—Overpayments—Employer obligations.


title: RCW 41.50.140

text:
(1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems in which its employees participate, including the distribution of information to employees, and shall accept and carry out all other duties as required by law, regulation, or administrative instruction.
(2) If an employee is entitled to retroactive service credit which was not previously established through no fault of the employee, or through an employer error which has caused a member's compensation or contributions to be understated or overstated so as to cause a loss to the retirement funds, the director may bill the employer for the loss, to include interest, if applicable. The employer contributions, with interest thereon, will be treated as if in fact the interest was part of the normal employer contribution and no distribution of interest received shall be required.
(3) Employer-paid employee contributions will not be credited to a member's account until the employer notifies the director in writing that the employer has been reimbursed by the employee or beneficiary for the payment. The employer shall have the right to collect from the employee the amount of the employee's obligation. Failure on the part of the employer to collect all or any part of the sums which may be due from the employee or beneficiary shall in no way cause the employer obligation for the total liability to be lessened.
[ 1982 1st ex.s. c 52 s 33.]
Notes:
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.

catchline: Cooperation of employers in administration of systems—Employer contributions for retroactive service credit—Employee contributions paid by employer.


title: RCW 41.50.145

text:
(1) If the department determines that due to employer error a member of plan 3 has suffered a loss of investment return, the employer shall pay the department for credit to the member's account the amount determined by the department as necessary to correct the error.
(2) If the department determines that due to departmental error a member of plan 3 has suffered a loss of investment return, the department shall credit to the member's account from the appropriate retirement system combined plan 2 and 3 fund the amount determined by the department as necessary to correct the error.
[ 1999 c 223 s 2; 1998 c 341 s 515.]
Notes:
Effective date—1999 c 223: "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 takes effect immediately [May 10, 1999]." [ 1999 c 223 s 4.]
Effective date—1998 c 341: See note following RCW 41.34.060.

catchline: Plan 3—Loss of investment return due to error—Liability.


title: RCW 41.50.150

text:
(1) The employer of any employee whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of a billing from the department, pay into the appropriate retirement system the present value at the time of the employee's retirement of the total estimated cost of all present and future benefits from the retirement system attributable to the excess compensation. The state actuary shall determine the estimated cost using the same method and procedure as is used in preparing fiscal note costs for the legislature. However, the director may in the director's discretion decline to bill the employer if the amount due is less than fifty dollars. Accounts unsettled within thirty days of the receipt of the billing shall be assessed an interest penalty of one percent of the amount due for each month or fraction thereof beyond the original thirty-day period.
(2) "Excess compensation," as used in this section, includes the following payments, if used in the calculation of the employee's retirement allowance:
(a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or transportation allowance to the extent that payment qualifies as reportable compensation in the member's retirement system;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed in RCW 41.50.030 and to retirements occurring on or after March 15, 1984. Nothing in this section is intended to amend or determine the meaning of any definition in chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW or to determine in any manner what payments are includable in the calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this section because of the death of any person either before or after the billing from the department.
[ 2004 c 242 s 47; 1998 c 341 s 509; 1997 c 221 s 1; 1995 c 244 s 1; 1984 c 184 s 1.]
Notes:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Application—1995 c 244 s 1: "The definition of "cash out" added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature's original intent regarding the meaning of the term. The definition of "cash out" applies retroactively to payments made before July 23, 1995." [ 1995 c 244 s 2.]
Severability—1984 c 184: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 184 s 31.]
PDF
RCW 41.50.150
Retirement benefits based on excess compensation—Employer liable for extra retirement costs. (Effective June 30, 2029.)
(1) The employer of any employee whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of a billing from the department, pay into the appropriate retirement system the present value at the time of the employee's retirement of the total estimated cost of all present and future benefits from the retirement system attributable to the excess compensation. The state actuary shall determine the estimated cost using the same method and procedure as is used in preparing fiscal note costs for the legislature. However, the director may in the director's discretion decline to bill the employer if the amount due is less than fifty dollars. Accounts unsettled within thirty days of the receipt of the billing shall be assessed an interest penalty of one percent of the amount due for each month or fraction thereof beyond the original thirty-day period.
(2) "Excess compensation," as used in this section, includes the following payments, if used in the calculation of the employee's retirement allowance:
(a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means:
(i) Any payment in lieu of an accrual of annual leave; or
(ii) Any payment added to salary or wages, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or transportation allowance to the extent that payment qualifies as reportable compensation in the member's retirement system;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular daily or hourly rate of pay; and
(e) Any termination or severance payment.
(3) This section applies to the retirement systems listed in RCW 41.50.030 and to retirements occurring on or after March 15, 1984. Nothing in this section is intended to amend or determine the meaning of any definition in chapter 2.10, 2.12, 41.26, 41.26A, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW or to determine in any manner what payments are includable in the calculation of a retirement allowance under such chapters.
(4) An employer is not relieved of liability under this section because of the death of any person either before or after the billing from the department.
[ 2026 c 261 s 454; 2004 c 242 s 47; 1998 c 341 s 509; 1997 c 221 s 1; 1995 c 244 s 1; 1984 c 184 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Intent—Application—1995 c 244 s 1: "The definition of "cash out" added to RCW 41.50.150(2)(a) by this act is a clarification of the legislature's original intent regarding the meaning of the term. The definition of "cash out" applies retroactively to payments made before July 23, 1995." [ 1995 c 244 s 2.]
Severability—1984 c 184: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 184 s 31.]

catchline: Retirement benefits based on excess compensation—Employer liable for extra retirement costs. (Effective until June 30, 2029.)


title: RCW 41.50.152

text:
(1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.35, 41.37, or 41.40 RCW shall comply with the provisions of subsection (2) of this section prior to executing a contract or collective bargaining agreement with members under chapter 41.32, 41.35, 41.37, or 41.40 RCW which provides for:
(a) A cash out of unused annual leave in excess of two hundred forty hours of such leave. "Cash out" for purposes of this subsection means any payment in lieu of an accrual of annual leave or any payment added to regular salary, concurrent with a reduction of annual leave;
(b) A cash out of any other form of leave;
(c) A payment for, or in lieu of, any personal expense or transportation allowance;
(d) The portion of any payment, including overtime payments, that exceeds twice the regular rate of pay; or
(e) Any other termination or severance payment.
(2) Any governing body entering into a contract that includes a compensation provision listed in subsection (1) of this section shall do so only after public notice in compliance with the open public meetings act, chapter 42.30 RCW. This notification requirement may be accomplished as part of the approval process for adopting a contract in whole, and does not require separate or additional open public meetings. At the public meeting, full disclosure shall be made of the nature of the proposed compensation provision, and the employer's estimate of the excess compensation billings under RCW 41.50.150 that the employing entity would have to pay as a result of the proposed compensation provision. The employer shall notify the department of its compliance with this section at the time the department bills the employer under RCW 41.50.150 for the pension impact of compensation provisions listed in subsection (1) of this section that are adopted after July 23, 1995.
(3) The requirements of subsection (2) of this section shall not apply to the adoption of a compensation provision listed in subsection (1) of this section if the compensation would not be includable in calculating benefits under chapter 41.32, 41.35, 41.37, or 41.40 RCW for the employees covered by the compensation provision.
[ 2004 c 242 s 48; 1998 c 341 s 510; 1995 c 387 s 1.]
Notes:
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.

catchline: Payment of excess compensation—Public notice requirements.


title: RCW 41.50.155

text:
(1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems listed in RCW 41.50.030 in contravention of the restrictions on withdrawal for the particular system, the member shall no longer be entitled to credit for the period of service represented by the withdrawn contributions. The erroneous withdrawal shall be treated as an authorized withdrawal, subject to all conditions imposed by the member's system for restoration of withdrawn contributions. Failure to restore the contributions within the time permitted by the system shall constitute a waiver by the member of any right to receive a retirement allowance based upon the period of service represented by the withdrawn contributions.
(2) All erroneous withdrawals occurring prior to June 9, 1994, shall be subject to the provisions of this section. The deadline for restoring the prior erroneous withdrawals shall be five years from June 9, 1994, for members who are currently active members of a system.
[ 1994 c 177 s 4.]
Notes:
Findings—1994 c 177: See note following RCW 41.50.125.

catchline: Erroneous withdrawals of contributions—Restoration.


title: RCW 41.50.160

text:
The department of retirement systems shall incorporate the development of individual member accounts receivable into its information systems projects for fiscal years 1993 and 1994, so that by January 1, 1994, members of state retirement systems who are otherwise eligible to restore previously withdrawn contributions have the option to make restoration in a manner determined by the department.
[ 1994 c 197 s 31; 1992 c 195 s 2.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.

catchline: Restoration of withdrawn contributions.


title: RCW 41.50.165

text:
(1) Except for those affected by subsection (4) of this section, a member of a retirement system specified by RCW 41.50.030 or, one previously established by the state but closed to new membership, may, as provided in each retirement system:
(a) Establish allowable membership service not previously credited;
(b) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(c) Restore service credit represented by a lump sum payment in lieu of benefits.
(2) Persons who previously have failed to:
(a) Establish service credit for service previously earned; or
(b) Reestablish service credit by the restoration of withdrawn contributions or repayment of a lump sum payment in lieu of a benefit, may now establish or reestablish such service credit by paying the actuarial value of the resulting increase in their benefit in a manner defined by the department.
(3) Any establishment of service credit for service previously rendered, restoration of service credit destroyed, or repayment of a lump sum received in lieu of benefit must be completed prior to retirement.
(4) Service credit is established for or restored to the period in which the service credit is earned.
[ 1994 c 197 s 2.]
Notes:
Intent—1994 c 197: "(1) This act removes the time limitations within the state's retirement systems for:
(a) The restoration of service credit represented by employee contributions withdrawn by a member of a state's retirement systems; or
(b) The crediting of certain service that, under the provisions of the system, was not creditable at the time it was performed, such as a probationary period or interrupted military service.
(2) This act expands the current procedures for establishing service credit previously earned, restoring withdrawn contributions, or repaying lump sums received in lieu of a benefit. In so doing, it allows the member of one of the state's retirement systems to obtain additional service credit by paying the value of this added benefit that was previously unavailable." [ 1994 c 197 s 1.]
Severability—1994 c 197: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1994 c 197 s 37.]
Effective date—1994 c 197: "This act shall take effect January 1, 1995." [ 1994 c 197 s 38.]

catchline: Establishing, restoring service credit—Conditions.


title: RCW 41.50.170

text:
Upon termination for reasons other than retirement, the department shall inform a member withdrawing his or her contributions, and the member shall acknowledge in writing, of the right to restore such contributions upon reestablishment of membership in the respective retirement system and the requirements involved in such restoration.
[ 1994 c 197 s 3.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.

catchline: Notification of restoration rights.


title: RCW 41.50.175

text:
The department shall adopt rules under chapter 34.05 RCW implementing and administering chapter 197, Laws of 1994. These rules are to include, but are not limited to:
(1) The application and calculation of actuarial value, with the agreement of the state actuary; and
(2) Establishing the minimum partial payment or the minimum units of restored service, or both.
[ 1994 c 197 s 4.]
Notes:
Intent—Severability—Effective date—1994 c 197: See notes following RCW 41.50.165.

catchline: Adoption of rules.


title: RCW 41.50.180

text:
(1) By January 1, 2022, the department will establish by rule an effective means of:
(a) Identifying inactive accounts of nonvested members of the retirement systems listed in RCW 41.50.030 whose account balance is less than one thousand dollars; and
(b) Providing for the orderly closing and refunding of member account balances in those accounts in accordance with the federal internal revenue code.
(2) The refund of a member's account balance will terminate all rights to future benefits, unless otherwise restored under the rules for each of the respective retirement systems.
[ 2021 c 189 s 1.]

catchline: Inactive accounts—Identification, closing, and refund.


title: RCW 41.50.200

text:
In the records of the teachers' retirement system the teachers' retirement system plan 1 fund shall be subdivided into the member reserve, the pension reserve, and other funds as may from time to time be created by the director for the purpose of the internal accounting record. The director may adopt rules creating or deleting funds as he or she deems necessary.
[ 1992 c 212 s 2; 1991 c 35 s 32; 1989 c 273 s 16; 1982 1st ex.s. c 52 s 7; 1969 ex.s. c 150 s 1; 1963 ex.s. c 14 s 2; 1955 c 274 s 2; 1947 c 80 s 3; Rem. Supp. 1947 s 4995-28. Prior: 1941 c 97 s 2, part; 1937 c 221 s 3, part; 1923 c 187 s 5, part; Rem. Supp. 1941 s 4995-3, part. Formerly RCW 41.32.030.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Effective date—1969 ex.s. c 150: "The provisions of sections 1 through 20 of this 1969 amendatory act shall take effect on July 1, 1969." [ 1969 ex.s. c 150 s 21.]

catchline: Subdivision of retirement system funds.


title: RCW 41.50.205

text:
The department shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the Washington state teachers' retirement system for the preceding school year; the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the retirement system.
[ 1991 c 35 s 33; 1969 ex.s. c 150 s 4; 1947 c 80 s 12; Rem. Supp. 1947 s 4995-31. Prior: 1941 c 97 s 2, part; 1937 c 221 s 3, part; Rem. Supp. 1941 s 4995-3, part. Formerly RCW 41.32.120.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—1969 ex.s. c 150: See note following RCW 41.50.200.

catchline: Records—Teachers' retirement system annual report.


title: RCW 41.50.210

text:
The director shall designate a medical director. If required, other physicians may be employed to report on special cases. The medical director shall arrange for and pass upon all medical examinations required under the provisions of chapter 41.32 RCW, investigate all essential statements and certificates by or on behalf of a member in connection with an application for a disability allowance, and report in writing to the board of trustees the conclusions and recommendations upon all matters under referral.
[ 1992 c 72 s 10; 1991 c 35 s 34; 1947 c 80 s 13; Rem. Supp. 1947 s 4995-32. Prior: 1941 c 97 s 2, part; 1937 c 221 s 3, part; Rem. Supp. 1941 s 4995-3, part. Formerly RCW 41.32.130.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Medical director.


title: RCW 41.50.215

text:
From interest and other earnings on the moneys of the Washington state teachers' retirement system, and except as otherwise provided in *RCW 41.32.499, at the close of each fiscal year the department shall make an allowance of regular interest on the balance which was on hand at the beginning of the fiscal year in each of the teachers' retirement system funds as they may deem advisable; however, no interest shall be credited to the expense fund.
[ 1992 c 212 s 6; 1991 c 35 s 36; 1973 1st ex.s. c 189 s 7; 1955 c 274 s 5; 1947 c 80 s 19; Rem. Supp. 1947 s 4995-38. Prior: 1941 c 97 s 6, part; 1939 c 86 s 6, part; 1937 c 221 s 7, part; Rem. Supp. 1941 s 4995-7, part. Formerly RCW 41.32.190.]
Notes:
*Reviser's note: RCW 41.32.499 was repealed by 1995 c 345 s 11.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1973 1st ex.s. c 189: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 189 s 12.]

catchline: Teachers' retirement system funds—Annual interest to be credited.


title: RCW 41.50.220

text:
No trustee or employee of the department shall become an endorser or surety or an obligor for moneys loaned by the department.
[ 1991 c 35 s 37; 1947 c 80 s 23; Rem. Supp. 1947 s 4995-42. Prior: 1941 c 97 s 6, part; 1939 c 86 s 6, part; 1937 c 221 s 7, part; Rem. Supp. 1941 s 4995-7, part. Formerly RCW 41.32.230.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Trustees, employees not to guarantee loans.


title: RCW 41.50.230

text:
On or before a date specified by the department in each month every employer shall file a report with the department on a form provided, stating the name of the employer and with respect to each employee who is a member or who is required to become a member of the Washington state teachers' retirement system: (1) The full name, (2) the earnable compensation paid, (3) the employee's contribution to the retirement system, and (4) other information as the department shall require.
[ 1991 c 35 s 51; 1983 c 56 s 14; 1975-'76 2nd ex.s. c 16 s 1. Prior: 1975 1st ex.s. c 275 s 150; 1975 c 43 s 32; 1969 ex.s. c 176 s 96; 1967 c 50 s 4; 1963 ex.s. c 14 s 13; 1947 c 80 s 42; Rem. Supp. 1947 s 4995-61. Formerly RCW 41.32.420.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050.
Effective date—1969 ex.s. c 176: See note following RCW 41.32.010.
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.

catchline: Employer reports to department.


title: RCW 41.50.235

text:
Every officer authorized to issue salary warrants to teachers shall deduct from the salary payments to any member of the Washington state teachers' retirement system plan 1 regularly employed an amount which will result in total deductions of six percent of the amount of earnable compensation paid in any fiscal year. These deductions shall be transmitted and reported to the retirement system as directed by the department.
[ 1991 c 35 s 52; 1967 c 50 s 5; 1963 ex.s. c 14 s 14; 1955 c 274 s 20; 1947 c 80 s 43; Rem. Supp. 1947 s 4995-62. Prior: 1941 c 97 s 5, part; 1939 c 86 s 5, part; 1937 c 221 s 6, part; Rem. Supp. 1941 s 4995-6, part. Formerly RCW 41.32.430.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Savings—Severability—Effective date—1963 ex.s. c 14: See notes following RCW 41.32.010.

catchline: Teachers' retirement system salary deductions.


title: RCW 41.50.240

text:
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 such other payroll report as the department may require showing thereon all deductions for contributions for the teachers' retirement system made from the earnable compensation of a member of the teachers' retirement system together with warrants or checks covering the total of such deductions. The department shall place such moneys into the proper funds established in this chapter.
[ 1977 ex.s. c 293 s 17. Formerly RCW 41.32.830.]
Notes:
Effective date—Severability—Legislative direction and placement—Section headings—1977 ex.s. c 293: See notes following RCW 41.32.755.

catchline: Duties of payroll officer.


title: RCW 41.50.255

text:
(1) The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, the school employees' retirement system, the public safety employees' retirement system, or the law enforcement officers' and firefighters' retirement system lawful obligations of the appropriate system for legal and medical expenses, which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.
(2) The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.
(3) The term "medical expense" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
(4) The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in preventing and investigating fraud and collecting overpayments, including expenses incurred to prevent, review, and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Fraud prevention includes expenses related to preventing losses to the trust funds and can include audits, cybersecurity, petition decisions, departmental liaison work with the attorney general's office, and other similar expenses incurred by the department to ensure that trust funds are protected against risks that might lead to losses from the trust funds. Recovered funds must be returned to the appropriate trust funds.
[ 2026 c 68 s 1; 2025 c 424 s 943; 2004 c 242 s 49; 1998 c 341 s 511; 1995 c 281 s 1; 1993 sp.s. c 24 s 916; 1991 c 35 s 73; 1984 c 184 s 7. Formerly RCW 41.40.083.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "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 July 1, 1995." [ 1995 c 281 s 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.
PDF
RCW 41.50.255
Payment of legal and medical expenses of retirement systems. (Effective June 30, 2029.)
(1) The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the Washington state patrol retirement system, the Washington judicial retirement system, the judges' retirement system, the school employees' retirement system, the public safety employees' retirement system, or the law enforcement officers' and firefighters' retirement systems under chapters 41.26 and 41.26A RCW lawful obligations of the appropriate system for legal and medical expenses, which expenses are primarily incurred for the purpose of protecting the appropriate trust fund or are incurred in compliance with statutes governing such funds.
(2) The term "legal expense" includes, but is not limited to, legal services provided through the legal services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of transcript preparation, and reproduction of documents.
(3) The term "medical expense" includes, but is not limited to, expenses for the medical examination or reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by medical professionals for attendance at discovery proceedings or hearings.
(4) The director may also pay from the interest earnings of the trust funds specified in this section costs incurred in preventing and investigating fraud and collecting overpayments, including expenses incurred to prevent, review, and investigate cases of possible fraud against the trust funds and collection agency fees and other costs incurred in recovering overpayments. Fraud prevention includes expenses related to preventing losses to the trust funds and can include audits, cybersecurity, petition decisions, department liaison work with the attorney general's office, and other similar expenses incurred by the department to ensure that trust funds are protected against risks that might lead to losses from the trust funds. Recovered funds must be returned to the appropriate trust funds.
[ 2026 c 261 s 455; 2026 c 68 s 1; 2025 c 424 s 943; 2004 c 242 s 49; 1998 c 341 s 511; 1995 c 281 s 1; 1993 sp.s. c 24 s 916; 1991 c 35 s 73; 1984 c 184 s 7. Formerly RCW 41.40.083.]
Notes:
Reviser's note: This section was amended by 2026 c 68 s 1 and by 2026 c 261 s 455, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2004 c 242: See RCW 41.37.901.
Effective date—1998 c 341: See RCW 41.35.901.
Effective date—1995 c 281: "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 July 1, 1995." [ 1995 c 281 s 2.]
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Intent—1991 c 35: See note following RCW 41.26.005.
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Payment of expenses of retirement systems. (Effective until June 30, 2029.)


title: RCW 41.50.260

text:
For the purpose of the internal accounting record of the public employees' retirement system and not the segregation of moneys on deposit with the state treasurer there are hereby created the employees' savings fund, the benefit account fund, and such other funds as the director may from time to time create.
(1) The employees' savings fund shall be the fund in which shall be accumulated the contributions from the compensation of public employees' retirement system members. The director shall provide for the maintenance of an individual account for each member of the public employees' retirement system showing the amount of the member's contributions together with interest accumulations thereon. The contributions of a member returned to the former employee upon the individual's withdrawal from service, or paid in event of the employee's or former employee's death, as provided in chapter 41.40 RCW, shall be paid from the employees' savings fund. The accumulated contributions of a member, upon the commencement of the individual's retirement, shall be transferred from the employees' savings fund to the benefit account fund.
(2) The benefit account fund shall be the fund in which shall be accumulated the reserves for the payment of all public employees' retirement system retirement allowances and death benefits, if any, in respect of any beneficiary. The amounts contributed by all public employees' retirement system employers to provide pension benefits shall be credited to the benefit account fund. The benefit account fund shall be the fund from which shall be paid all public employees' retirement system retirement allowances, or benefits in lieu thereof because of which reserves have been transferred from the employees' savings fund to the benefit account fund. At the time a recipient of a retirement allowance again becomes a member of the public employees' retirement system, the department shall transfer from the benefit account fund to the employees' savings fund and credit to the individual account of such a member a sum equal to the excess, if any, of the individual's account at the date of the member's retirement over any service retirement allowance received since that date.
[ 1992 c 212 s 11; 1991 c 35 s 74; 1982 1st ex.s. c 52 s 18; 1973 1st ex.s. c 190 s 4; 1972 ex.s. c 151 s 2; 1967 c 127 s 2; 1963 c 174 s 7; 1953 c 200 s 4; 1949 c 240 s 6; 1947 c 274 s 11; Rem. Supp. 1949 s 11072-11. Formerly RCW 41.40.100.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.
Effective dates—1982 1st ex.s. c 52: See note following RCW 2.10.180.
Severability—1973 1st ex.s. c 190: See note following RCW 41.40.010.

catchline: Public employees' retirement system funds created.


title: RCW 41.50.265

text:
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 s 75; 1947 c 274 s 12; Rem. Supp. 1947 s 11072-12. Formerly RCW 41.40.110.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Public employees' retirement system funds—Report of the state treasurer—Members may receive reports and statements.


title: RCW 41.50.270

text:
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 s 90; 1977 ex.s. c 295 s 19; 1947 c 274 s 36; Rem. Supp. 1947 s 11072-36. Formerly RCW 41.40.350.]
Notes:
Intent—1991 c 35: See note following RCW 41.26.005.

catchline: Transmittal of total of public employees' retirement system members' deductions.


title: RCW 41.50.280

text:
(1) On July 1st of the fiscal year following a determination by the pension funding council that a higher education institution has sufficiently funded the liabilities of that institution through contributions to the higher education retirement plan supplemental benefit fund, the department shall assume responsibility for making benefit payments to higher education retirement plan supplemental beneficiaries for that institution from the portion of the higher education retirement plan supplemental benefit fund attributed to the individual institution.
(2) Immediately following the determination by the pension funding council under RCW 41.45.060(9) that an institution participating in the higher education retirement plan supplemental benefits has sufficiently funded the benefits of the plan that higher education institution:
(a) Must provide any data and assistance requested by the department to facilitate the transition of responsibility for making benefit payments to higher education retirement plan members eligible for supplemental benefit payments; and
(b) Is governed by the provisions of RCW 41.50.110.
(3) On the date that the department assumes responsibility for benefit payments under subsection (1) of this section, the department shall assess contributions to the department of retirement systems expense fund under RCW 41.50.110(3) for active participants in the higher education retirement plan. Contributions to the expense fund for higher education retirement plan members must end when there are no longer retirees or beneficiaries from an institution receiving payments administered by the department.
(4)(a) Upon the department's assumption of responsibility for making benefit payments from an institution's higher education retirement plan, the institution shall submit to the department the benefit level for current higher education retirement plan supplemental beneficiaries, and each month following the department's assumption of responsibility for making benefit payments to an institution's higher education retirement plan supplemental beneficiaries, the institution shall submit to the department information on any new retirees covered by the higher education retirement plan supplemental benefit. The submission shall include all data relevant to the calculation of a supplemental benefit for each retiree, and the benefit that the institution determines the individual qualifies to receive. No later than January 1st, following the funding determination in RCW 41.45.060(9) that begins the transition of responsibility for benefit payments to the department, the department shall provide the institution with a notice of what data will be required to determine higher education retirement plan supplemental benefit determinations for future retirees.
(b) The department shall review the information provided by the institution for each retiring higher education retirement plan member eligible for the supplemental benefit and determine the supplemental benefit amount the member is eligible to receive, if any.
(c) In the event that the department is not provided with all data required by the notice in (a) of this subsection, the institution of higher education will remain responsible for payment of higher education retirement plan supplemental benefits to that member. In addition, the collection of overpayments and error correction provisions of this chapter apply in the event that the department makes supplemental benefit payments based on incomplete or inaccurate data provided by an institution.
[ 2020 c 103 s 6.]
Notes:
Findings—Intent—Effective date—2020 c 103: See notes following RCW 28B.10.423.

catchline: Higher education retirement plan supplemental beneficiaries—Department assumption of responsibility for making benefit payments.


title: RCW 41.50.290

text:
(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 s 9.]
Notes:
Retroactive application—2021 c 12: See note following RCW 41.26.030.

catchline: Shared work programs—Effect of employer's participation.


title: RCW 41.50.500

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.50.500 through 41.50.650, 41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits of an individual remaining after the deduction from those benefits of any amount required by law to be withheld. The term "required by law to be withheld" does not include any deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or order of spousal maintenance, property division, or court-approved property settlement incident to a decree of divorce, dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or other order of spousal support issued by a court of competent jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an order issued to the department of retirement systems pursuant to RCW 41.50.570 to withhold and deliver benefits payable to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a duty of spousal maintenance or property division obligation is owed.
(6) "Obligor" means the spouse or ex spouse owing a duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a), 41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1), 41.40.845(1)(a), 41.37.170, or 41.35.220 that ceases upon the death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130, 43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW. Standard allowance also means the maximum retirement allowance available under RCW 41.32.530(1) following member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means a lump sum payment to a retirement system member of all or a part of the member's accumulated contributions, including accrued interest, at the request of the member including any lump sum amount paid upon the death of the member.
[ 2004 c 242 s 50; 2000 c 247 s 603; 1998 c 341 s 512; 1991 c 365 s 1; 1987 c 326 s 1.]
Notes:
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 365 s 37.]
PDF
RCW 41.50.500
Mandatory assignment of retirement benefits—Definitions. (Effective June 30, 2029.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.50.500 through 41.50.650, 41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits of an individual remaining after the deduction from those benefits of any amount required by law to be withheld. The term "required by law to be withheld" does not include any deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or order of spousal maintenance, property division, or court-approved property settlement incident to a decree of divorce, dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or other order of spousal support issued by a court of competent jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an order issued to the department of retirement systems pursuant to RCW 41.50.570 to withhold and deliver benefits payable to an obligor under chapter 2.10, 2.12, 41.26, 41.26A, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a duty of spousal maintenance or property division obligation is owed.
(6) "Obligor" means the spouse or ex spouse owing a duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a), 41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1), 41.40.845(1)(a), 41.37.170, or 41.35.220 that ceases upon the death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130, 43.43.260, 41.26A.100, or 41.26A.130(1)(a) or chapter 2.12 RCW. Standard allowance also means the maximum retirement allowance available under RCW 41.32.530(1) following member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means a lump sum payment to a retirement system member of all or a part of the member's accumulated contributions, including accrued interest, at the request of the member including any lump sum amount paid upon the death of the member.
[ 2026 c 261 s 456; 2004 c 242 s 50; 2000 c 247 s 603; 1998 c 341 s 512; 1991 c 365 s 1; 1987 c 326 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 365 s 37.]

catchline: Mandatory assignment of retirement benefits—Definitions. (Effective until June 30, 2029.)


title: RCW 41.50.510

text:
(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 s 2; 1987 c 326 s 2.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Remedies—Applicability.


title: RCW 41.50.520

text:
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 s 3.]

catchline: Mandatory assignment of retirement benefits—Other remedies not limited.


title: RCW 41.50.530

text:
(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 s 3; 1987 c 326 s 4.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—Venue—Jurisdiction.


title: RCW 41.50.540

text:
(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 s 4; 1987 c 326 s 5.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Notice to obligor.


title: RCW 41.50.550

text:
(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 s 5; 1987 c 326 s 6.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice to obligee—Payment to obligee.


title: RCW 41.50.560

text:
(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 s 6; 1987 c 326 s 7.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Petition for order.


title: RCW 41.50.570

text:
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 s 8.]

catchline: Mandatory assignment of retirement benefits—Issuance of order.


title: RCW 41.50.580

text:
(1)(a) The mandatory benefits assignment order issued pursuant to RCW 41.50.570 and directed at periodic retirement benefits shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor's periodic retirement benefits each month;
(ii) The total amount of the arrearage judgments previously entered by the court, if any, together with interest, if any; and
(iii) The maximum amount to be withheld from the obligor's periodic retirement payments each month to satisfy the arrearage judgments specified in (a)(ii) of this subsection.
(b) The total amount to be withheld from the obligor's periodic retirement payments each month pursuant to a mandatory benefits assignment order shall not exceed fifty percent of the disposable benefits of the obligor. If the amounts to be paid toward the arrearage are specified in the assignment order, then the maximum amount to be withheld is the sum of the current maintenance ordered and the amount ordered to be paid toward the arrearage, or fifty percent of the disposable benefits of the obligor, whichever is less.
(c) Fifty percent of the disposable benefits of the obligor are exempt from collection under the assignment order, and may be disbursed by the department to the obligor. The provisions of RCW 6.27.150 do not apply to mandatory benefits assignment orders under this chapter.
(2)(a) A mandatory benefits assignment order issued pursuant to RCW 41.50.570 and directed at a withdrawal of accumulated contributions shall include:
(i) The maximum amount of current spousal maintenance to be withheld from the obligor's accumulated contributions;
(ii) The total amount of the arrearage judgments for spousal maintenance payments entered by the court, if any, together with interest, if any; and
(iii) The amount to be withheld from the obligor's withdrawal of accumulated contributions to satisfy the current maintenance obligation and the arrearage judgments specified in (a)(i) and (ii) of this subsection;
(b) The total amount to be withheld from the obligor's withdrawal of accumulated contributions may be up to one hundred percent of the disposable benefits of the obligor.
(3) If an obligor is subject to two or more mandatory benefits assignment orders on account of different obligees and if the nonexempt portion of the obligor's benefits is not sufficient to respond fully to all the mandatory benefits assignment orders, the department shall apportion the obligor's nonexempt disposable benefits among the various obligees in proportionate shares to the extent permitted by federal law. Any obligee may seek a court order directing the department to reapportion the obligor's nonexempt disposable earnings upon notice to all interested obligees. The order must specifically supersede the terms of previous mandatory benefits assignment orders the terms of which it alters. Notice shall be by personal service, or in a manner provided by the civil rules of superior court or applicable statute.
[ 1991 c 365 s 7; 1987 c 326 s 9.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Order—Contents.


title: RCW 41.50.590

text:
The mandatory benefits assignment order shall be in the following form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR THE COUNTY OF
. . . . . . . . . . . . . . . . . . . .
. . . .,
Obligee
No. . . . .
vs.
MANDATORY
. . . .,
BENEFITS ASSIGNMENT
Obligor
ORDER
. . . .,
The Department of Retirement Systems
of the State of Washington
THE STATE OF WASHINGTON TO: The Department of Retirement Systems
AND TO:
. . . .
Obligor
The above-named obligee claims that the above-named obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due payments is equal to or greater than one hundred dollars or that the obligor has requested a withdrawal of accumulated contributions from the department of retirement systems. The amount of the accrued past due spousal maintenance debt as of this date is . . . . . . dollars. If the obligor is receiving periodic retirement payments from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars per month and the amount to be withheld from the obligor's benefits to satisfy current and continuing spousal maintenance is . . . . . . per month. Upon satisfaction of the accrued past due spousal maintenance debt, the department shall withhold only . . . . . . dollars, the amount necessary to satisfy current and continuing spousal maintenance from the obligor's benefits. If the obligor has requested a withdrawal of accumulated contributions from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this benefits assignment order upon you.
(1) If you are currently paying periodic retirement payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor's retirement payments each month the lesser of:
(i) The sum of the specified arrearage payment amount plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall continue to withhold the ordered amounts from nonexempt benefits of the obligor until notified by a court order that the mandatory benefits assignment order has been modified or terminated. You shall promptly notify the court if and when the obligor is no longer receiving periodic retirement payments from the department of retirement systems.
You shall deliver the withheld benefits to the clerk of the court that issued this mandatory benefits assignment order each month, but the first delivery shall occur no sooner than twenty days after your receipt of this mandatory benefits assignment order.
(2) If you are not currently paying periodic retirement payments to the obligor but the obligor has requested a withdrawal of accumulated contributions, then you shall do as follows:
(a) Withhold from the obligor's benefits the sum of the specified arrearage payment amount plus the specified interest amount, up to one hundred percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall mail a copy of this order and a copy of your answer to the obligor at the mailing address in the department's files as soon as is reasonably possible. This mandatory benefits assignment order has priority over any assignment or order of execution, garnishment, attachment, levy, or similar legal process authorized by Washington law, except for a wage assignment order for child support under chapter 26.18 RCW or order to withhold or deliver under chapter 74.20A RCW.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS MANDATORY BENEFITS ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE MANDATORY BENEFITS ASSIGNMENT ORDER.
DATED THIS . . . . day of . . . ., (year) . . . .
. . . .
. . . .
Obligee,
Judge/Court Commissioner
or obligee's attorney
[ 2016 c 202 s 32; 1991 c 365 s 8; 1987 c 326 s 10.]
Notes:
Severability—1991 c 365: See note following RCW 41.50.500.

catchline: Mandatory assignment of retirement benefits—Order—Form.