RCW 41.35.710
Death benefits.
(1) If a member dies prior to retirement, the surviving spouse or eligible child or children shall receive a retirement allowance computed as provided in RCW 41.35.620 actuarially reduced to reflect a joint and one hundred percent survivor option and, except under subsection (2) of this section, if the member was not eligible for normal retirement at the date of death a further reduction as described in RCW 41.35.680.
If the surviving spouse who is receiving the retirement allowance dies leaving a child or children under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse, share and share alike, until such child or children reach the age of majority.
If there is no surviving spouse eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance, share and share alike. The allowance shall be calculated with the assumption that the age of the spouse and member were equal at the time of the member's death.
(2) A member who is killed in the course of employment, as determined by the director of the department of labor and industries, or 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 under RCW 41.35.680. The member's retirement allowance is computed under RCW 41.35.620.
[ 2009 c 226 § 9; 2003 c 155 § 5; 1998 c 341 § 212.]
NOTES:
Applicability—2003 c 155: See note following RCW 41.32.520.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.35 - Washington School Employees' Retirement System.
41.35.015 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.35.020 - System created—Administration.
41.35.033 - Membership—Service credit—Substitute employees—Rules.
41.35.035 - Membership in system—Charter school employers and employees.
41.35.040 - Nonelective position held for at least nine months—Deemed to be eligible position, when.
41.35.070 - Duty disability retirement recipients—Continued service credit.
41.35.080 - Members agree to deductions.
41.35.090 - Employer's contribution—Computation—Billing.
41.35.110 - Disability retirement—Criminal conduct.
41.35.115 - Death benefit—Course of employment—Occupational disease or infection.
41.35.120 - False statements—Penalty.
41.35.130 - Transfer of service credit from statewide city employees' retirement system.
41.35.140 - Hearing prior to appeal required—Notice.
41.35.150 - Hearing prior to appeal required—Conduct of hearing.
41.35.160 - Judicial review in accordance with administrative procedure act.
41.35.170 - Appeal—No bond required.
41.35.180 - Service credit—Computation.
41.35.1801 - Prior service—One-half service credit.
41.35.183 - Purchase of additional service credit—Costs—Rules.
41.35.190 - Effect of certain accumulated vacation leave on retirement benefits.
41.35.200 - Benefit calculation—Limitation.
41.35.210 - Post-retirement cost-of-living.
41.35.220 - Options for payment of retirement allowances—Court-approved property settlement.
41.35.235 - Purchase of life annuity benefit.
41.35.399 - Provisions applicable to plan 2 and plan 3.
41.35.400 - Computation of retirement allowance.
41.35.410 - Lump sum retirement allowance—Reentry—Reinstatement of service.
41.35.420 - Retirement eligibility.
41.35.423 - Member with terminal illness—Removal from system.
41.35.430 - Employer and member contribution rates.
41.35.440 - Earned disability allowance—Disposition upon death of recipient.
41.35.450 - Application for and effective date of retirement allowances.
41.35.470 - Leaves of absence, military service.
41.35.480 - Vested membership.
41.35.490 - Refund of contributions.
41.35.510 - Transfer to plan 3—Irrevocable option.
41.35.599 - Provisions applicable to plan 2.
41.35.600 - Provisions applicable to plan 3—Plan 3 elements.
41.35.610 - Choice of membership in plan 2 or plan 3.
41.35.612 - Right to waive benefit—Irrevocable choice.
41.35.620 - Computation of retirement allowance.
41.35.630 - Additional payment.
41.35.640 - Application for and effective date of retirement allowances.
41.35.650 - Leaves of absence, military service.
41.35.660 - Purchased service credit—Allocation.
41.35.670 - Lump sum payments—Reentry.
41.35.680 - Retirement eligibility.
41.35.683 - Member with terminal illness—Removal from system.
41.35.690 - Earned disability allowance—Disposition upon death of recipient.
41.35.700 - Restored, purchased service credit under plan 2—Transfer to plan 3.
41.35.720 - Employer contribution rates.
41.35.900 - Benefits not contractual right until September 1, 2000.