RCW 41.32.520
Payment on death before retirement or within sixty days following application for disability retirement—Military service.
(1) Except as specified in subsection (3) of this section, upon receipt of proper proofs of death of any member before retirement or before the first installment of his or her retirement allowance shall become due his or her accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, and/or other benefits payable upon his or her death shall be paid to his or her estate or to such persons, trust, or organization as he or she shall have nominated by written designation duly executed and filed with the department. If a member fails to file a new beneficiary designation subsequent to marriage, divorce, or reestablishment of membership following termination by withdrawal, lapsation, or retirement, payment of his or her accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, and/or other benefits upon death before retirement shall be made to the surviving spouse, if any; otherwise, to his or her estate. If a member had established ten or more years of Washington membership service credit or was eligible for retirement, the beneficiary or the surviving spouse if otherwise eligible may elect, in lieu of a cash refund of the member's accumulated contributions, the following survivor benefit plan actuarially reduced, except under subsection (4) of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670:
(a) A widow or widower, without a child or children under eighteen years of age, may elect a monthly payment of fifty dollars to become effective at age fifty, provided the member had fifteen or more years of Washington membership service credit. A benefit paid under this subsection (1)(a) shall terminate at the marriage of the beneficiary.
(b) The beneficiary, if a surviving spouse or a dependent (as that term is used in computing the dependent exemption for federal internal revenue purposes) may elect to receive a joint and one hundred percent retirement allowance under RCW 41.32.530.
(i) In the case of a dependent child the allowance shall continue until attainment of majority or so long as the department judges that the circumstances which created his or her dependent status continue to exist. In any case, if at the time dependent status ceases, an amount equal to the amount of accumulated contributions of the deceased member has not been paid to the beneficiary, the remainder shall then be paid in a lump sum to the beneficiary.
(ii) If at the time of death, the member was not then qualified for a service retirement allowance, the benefit shall be based upon the actuarial equivalent of the sum necessary to pay the accrued regular retirement allowance commencing when the deceased member would have first qualified for a service retirement allowance.
(2) If no qualified beneficiary survives a member, at his or her death his or her accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to his or her estate, or his or her dependents may qualify for survivor benefits under benefit plan (1)(b) in lieu of a cash refund of the members accumulated contributions in the following order: Widow or widower, guardian of a dependent child or children under age eighteen, or dependent parent or parents.
(3) If a member dies within sixty days following application for disability retirement under RCW 41.32.550, the beneficiary named in the application may elect to receive the benefit provided by:
(a) This section; or
(b) RCW 41.32.550, according to the option chosen under RCW 41.32.530 in the disability application.
(4) The retirement allowance of a member who is killed in the course of employment, as determined by the director of the department of labor and industries, or the retirement allowance of a member who has left the employ of an employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, is not subject to an actuarial reduction. The member's retirement allowance is computed under RCW 41.32.480.
[ 2009 c 226 § 5; 2003 c 155 § 1; 1997 c 73 § 1; 1995 c 144 § 9; 1993 c 16 § 1; 1992 c 212 § 7. Prior: 1991 c 365 § 29; 1991 c 35 § 58; 1990 c 249 § 15; 1974 ex.s. c 193 § 5; 1973 2nd ex.s. c 32 § 4; 1973 1st ex.s. c 154 § 76; 1967 c 50 § 7; 1965 ex.s. c 81 § 6; 1957 c 183 § 3; 1955 c 274 § 25; 1947 c 80 § 52; Rem. Supp. 1947 § 4995-71; prior: 1941 c 97 § 6; 1939 c 86 § 6; 1937 c 221 § 7; 1923 c 187 § 22; 1917 c 163 § 21; Rem. Supp. 1941 § 4995-7.]
NOTES:
Application—2003 c 155: "This act applies to any member killed in the course of employment, as determined by the director of the department of labor and industries, on or after July 1, 2001." [ 2003 c 155 § 9.]
Effective date—1997 c 73: "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 [April 19, 1997]." [ 1997 c 73 § 4.]
Application—1993 c 16 § 1: "The provisions of section 1(3) of this act shall apply to all determinations of disability made after June 30, 1992." [ 1993 c 16 § 2.]
Effective date—1993 c 16: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 12, 1993]." [ 1993 c 16 § 3.]
Severability—1991 c 365: See note following RCW 41.50.500.
Intent—1991 c 35: See note following RCW 41.26.005.
Findings—1990 c 249: See note following RCW 2.10.146.
Emergency—Severability—1974 ex.s. c 193: See notes following RCW 41.32.310.
Emergency—Severability—1973 2nd ex.s. c 32: See notes following RCW 41.32.310.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Effective date—Severability—1967 c 50: See notes following RCW 41.32.010.
Effective date—Severability—1965 ex.s. c 81: See notes following RCW 41.32.010.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.32 - Teachers' Retirement.
41.32.005 - Provisions applicable to "plan 1," "plan 2," and "plan 3."
41.32.012 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.32.013 - Substitute teachers—Application for service credit—Procedures.
41.32.025 - Department's power to determine eligibility.
41.32.032 - Membership in system—Service credit of educational staff associates.
41.32.033 - Membership in system—Charter school employers and employees.
41.32.035 - Employer contribution rates—Computation and payment.
41.32.042 - Validity of deductions—Interest.
41.32.044 - Retired teacher may reenter system—Benefit limitations.
41.32.053 - Death benefit—Course of employment—Occupational disease or infection.
41.32.054 - Disability retirement—Criminal conduct.
41.32.055 - Falsification—Penalty.
41.32.062 - Effect of certain accumulated vacation leave on retirement benefits.
41.32.063 - Benefit calculation—Limitation.
41.32.064 - Establishing, restoring service credit.
41.32.0641 - Disabled in the line of duty—Continuation of service credit—Conditions.
41.32.066 - Purchase of additional service credit—Costs—Rules.
41.32.067 - Purchase of additional benefits—Conditions.
41.32.215 - Provisions applicable to plan 1.
41.32.240 - Membership in system.
41.32.260 - Credit for military service or as state legislator.
41.32.263 - State legislators and state officials eligible for retirement benefits.
41.32.270 - Teaching service, how credited.
41.32.300 - Limitation on credit for out-of-state service.
41.32.310 - Time limit for claiming service credit—Payments.
41.32.330 - Credit for professional preparation subsequent to becoming teacher.
41.32.340 - Creditable service, what to consist of.
41.32.345 - "Earnable compensation" defined for certain part-time employees—Adoption of rules.
41.32.350 - Purchase of additional annuity—Member contribution rate.
41.32.380 - Source of pension reserve—Contributions.
41.32.390 - Contributions for prior service credits.
41.32.470 - Eligibility for retirement allowance.
41.32.480 - Qualifications for retirement.
41.32.4872 - Permanent increase for specified beneficiaries age seventy or over.
41.32.489 - Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
41.32.4931 - Additional special pension for former members not receiving social security.
41.32.4945 - Limitation as to earnable compensation of member as member of the legislature.
41.32.497 - Retirement allowance for members entering system before April 25, 1973—Election.
41.32.4986 - Members with thirty years of service—Irrevocable election.
41.32.4991 - Permanent retirement allowance adjustment.
41.32.4992 - Monthly benefit increase.
41.32.500 - Termination of membership.
41.32.510 - Payment on withdrawal—Reentry.
41.32.530 - Options available—Retirement allowance adjustment—Court-approved property settlement.
41.32.540 - Disability allowance—Temporary.
41.32.550 - Options and allowances on report that disability will be permanent—Reexamination.
41.32.555 - Persons with annual half-time contracts—Eligibility for benefits under RCW 41.32.550.
41.32.570 - Postretirement employment—Reduction or suspension of pension payments.
41.32.584 - Additional benefit for justices or judges—One-time irrevocable election.
41.32.587 - Justices or judges retirement allowance—In lieu of RCW 41.32.498.
41.32.755 - Provisions applicable to plan 2.
41.32.760 - Computation of the retirement allowance.
41.32.762 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.32.765 - Retirement for service.
41.32.768 - Member with terminal illness—Removal from system.
41.32.770 - Post-retirement cost-of-living.
41.32.780 - Teachers required to be members.
41.32.790 - Earned disability allowance—Eligibility—Disposition upon death of recipient.
41.32.795 - Application for and effective date of retirement allowances.
41.32.812 - Service credit for half-time employment from October 1, 1977, through December 31, 1986.
41.32.813 - One-time purchase of service credit—Conditions—Payment—Rules.
41.32.815 - Vested membership.
41.32.817 - Transfer to plan 3—Irrevocable option.
41.32.820 - Refund of contributions on termination.
41.32.831 - Provisions applicable to plan 3—Plan 3 elements.
41.32.835 - Choice of membership in plan 2 or plan 3.
41.32.837 - Right to waive benefit—Irrevocable choice.
41.32.840 - Computation of the retirement allowance.
41.32.8401 - Additional payment.
41.32.845 - Postretirement cost-of-living allowance.
41.32.851 - Options for payment of retirement allowances—Court-approved property settlement.
41.32.855 - Application for and effective date of retirement allowances.
41.32.867 - Purchased service credit—Allocation.
41.32.868 - One-time purchase of service credit—Conditions—Payment—Rules.
41.32.870 - Lump sum payments—Reentry.
41.32.875 - Retirement eligibility.
41.32.878 - Member with terminal illness—Removal from system.
41.32.880 - Earned disability allowance—Eligibility—Disposition upon death of recipient.
41.32.892 - Restored, purchased service credit under plan 2—Transfer to plan 3.