RCW 41.40.270
Death before retirement or within sixty days following application for disability retirement—Military service—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.
(1) Except as specified in subsection (4) of this section, should a member die before the date of retirement the amount of the accumulated contributions standing to the member's credit in the employees' savings fund, 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, at the time of death:
(a) Shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there be no such designated person or persons still living at the time of the member's death, or if a member fails to file a new beneficiary designation subsequent to marriage, remarriage, dissolution of marriage, divorce, or reestablishment of membership following termination by withdrawal or retirement, such 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 the surviving spouse as if in fact such spouse had been nominated by written designation as aforesaid, or if there be no such surviving spouse, then to the member's legal representatives.
(2) Upon the death of any member who is qualified but has not applied for a service retirement allowance or has completed ten years of service at the time of death, the designated beneficiary, or the surviving spouse as provided in subsection (1) of this section, may elect to waive the payment provided by subsection (1) of this section. Upon such an election, a joint and one hundred percent survivor option under RCW 41.40.188, calculated under the retirement allowance described in RCW 41.40.185 or 41.40.190, whichever is greater, actuarially reduced, except under subsection (5) 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 shall automatically be given effect as if selected for the benefit of the designated beneficiary. If the member is not then qualified for a service retirement allowance, such 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.
(3) Subsection (1) of this section, unless elected, shall not apply to any member who has applied for service retirement in RCW 41.40.180, as now or hereafter amended, and thereafter dies between the date of separation from service and the member's effective retirement date, where the member has selected a survivorship option under RCW 41.40.188. In those cases the beneficiary named in the member's final application for service retirement may elect to receive either a cash refund, 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, or monthly payments according to the option selected by the member.
(4) If a member dies within sixty days following application for disability retirement under RCW 41.40.230, the beneficiary named in the application may elect to receive the benefit provided by:
(a) This section; or
(b) RCW 41.40.235, according to the option chosen under RCW 41.40.188 in the disability application.
(5) 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 41.40.185.
[ 2009 c 226 § 11; 2009 c 111 § 1; 2003 c 155 § 6; 1997 c 73 § 2; 1996 c 227 § 2; 1995 c 144 § 5; 1991 c 365 § 27; 1990 c 249 § 11; 1979 ex.s. c 249 § 11; 1972 ex.s. c 151 § 12; 1969 c 128 § 11; 1965 c 155 § 5; 1963 c 174 § 13; 1961 c 291 § 9; 1953 c 201 § 1; 1953 c 200 § 14; 1951 c 141 § 1; 1949 c 240 § 19; 1947 c 274 § 28; Rem. Supp. 1949 § 11072-28.]
NOTES:
Reviser's note: This section was amended by 2009 c 111 § 1 and by 2009 c 226 § 11, 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).
Applicability—2003 c 155: See note following RCW 41.32.520.
Effective date—1997 c 73: See note following RCW 41.32.520.
Severability—1991 c 365: See note following RCW 41.50.500.
Findings—1990 c 249: See note following RCW 2.10.146.
Severability—1969 c 128: See note following RCW 41.40.010.
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.40 - Washington Public Employees' Retirement System.
41.40.005 - Provisions applicable to "plan 1," "plan 2," and "plan 3."
41.40.015 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
41.40.020 - System created—Administration.
41.40.025 - Membership in system—Charter school employers and employees.
41.40.034 - Purchase of additional service credit—Costs—Rules.
41.40.038 - Duty disability retirement recipients—Continued service credit.
41.40.042 - Members agree to deductions.
41.40.048 - Employer's contribution—Computation—Billing.
41.40.054 - Disability retirement—Criminal conduct.
41.40.055 - Penalty for false statements.
41.40.058 - Transfer of service credit from statewide city employees' retirement system.
41.40.059 - Credit for service in Seattle's police relief and pension fund system.
41.40.068 - Hearing prior to appeal—Required—Notice.
41.40.073 - Hearing prior to appeal—Conduct of hearing.
41.40.078 - Judicial review in accordance with administrative procedure act.
41.40.082 - Appeal—No bond required.
41.40.088 - Education employment—Service credit—Computation.
41.40.092 - Transfer of cadet service credit to Washington state patrol retirement system.
41.40.0932 - Death benefit—Course of employment—Occupational disease or infection.
41.40.095 - Transfer of membership from judicial retirement system.
41.40.096 - Law enforcement officers—Dual membership—Plan 1 exception.
41.40.098 - Transfer of former service from judicial retirement system.
41.40.102 - Effect of certain accumulated vacation leave on retirement benefits.
41.40.103 - Benefit calculation—Limitation.
41.40.104 - Establishing, restoring service credit.
41.40.1041 - Prior service for plan 2 or 3 members—One-half service credit.
41.40.105 - Chapter not applicable to officers and employees of state convention and trade center.
41.40.109 - Retirement system employer—Termination of status.
41.40.111 - Retirement system employer—Unit of government.
41.40.113 - Public safety employees' retirement system—Election—Membership.
41.40.127 - Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.131 - Purchase of life annuity benefit.
41.40.145 - Provisions applicable to plan 1.
41.40.150 - Termination of membership—Restoration of service credit.
41.40.160 - Creditable service.
41.40.163 - Purchase of service credit—Service at Washington State University.
41.40.170 - Credit for military service.
41.40.180 - Retirement—Length of service.
41.40.185 - Retirement allowances—Members retiring after February 25, 1972.
41.40.189 - Retirement allowance—Adjustment eligibility.
41.40.190 - Retirement allowance—In lieu of allowance provided in RCW 41.40.185.
41.40.191 - Retirement allowance—Members with thirty years of service—Irrevocable election.
41.40.193 - Dates upon which retirement allowances accrue.
41.40.197 - Retirement allowance—Annual increases restricted after July 1, 2010—Eligibility.
41.40.1971 - Definition—"Beneficiary."
41.40.1985 - Permanent retirement allowance adjustment.
41.40.1986 - Permanent increase for specified beneficiaries age seventy or over.
41.40.1987 - Monthly benefit increase.
41.40.200 - Retirement for disability in line of duty—Applicability to certain judges.
41.40.210 - Duty disability retirement allowance for disability after age sixty.
41.40.220 - Allowance on retirement for duty disability—Before sixty.
41.40.230 - Nonduty disability—Applicability to certain judges.
41.40.235 - Nonduty disability retirement allowance—Amount—Maximum—Death benefit.
41.40.250 - Allowance on retirement for nonduty disability—Election.
41.40.260 - Withdrawal from system—Refund of contributions—Waiver of allowance, when.
41.40.262 - Elected officials—Restoration of withdrawn contributions.
41.40.270 - Death before retirement or within sixty days following application for disability retirement—Military service—Payment of contributions to nominee, surviving spouse, or legal representative—Waiver of payment, effect—Benefits.
41.40.280 - Department may withhold refunds of contributions.
41.40.300 - Benefits offset by workers' compensation or similar benefits.
41.40.320 - Disability beneficiary—Restoration to service.
41.40.363 - Employer's contributions—Labor guild, association or organization.
41.40.404 - Justices or judges retirement allowance—In lieu of RCW 41.40.185.
41.40.408 - District or municipal court judges retirement allowances—In lieu of RCW 41.40.185.
41.40.610 - Provisions applicable to plan 2.
41.40.620 - Computation of the retirement allowance.
41.40.625 - Lump sum retirement allowance—Reentry—Conditions for reinstatement of service.
41.40.630 - Retirement for service.
41.40.633 - Member with terminal illness—Removal from system.
41.40.640 - Post-retirement cost-of-living.
41.40.680 - Application for and effective date of retirement allowances.
41.40.690 - Suspension of retirement allowance upon reemployment—Exceptions—Reinstatement.
41.40.720 - Vested membership.
41.40.730 - Refund of contributions.
41.40.763 - End of participation in chapter 41.28 RCW—Newly elected or appointed judges.
41.40.767 - Justices or judges retirement allowance—In lieu of RCW 41.40.620.
41.40.770 - District or municipal court judges retirement allowance—In lieu of RCW 41.40.620.
41.40.780 - Provisions applicable to plan 3—Plan 3 elements.
41.40.785 - Membership in plan 2 or plan 3—Irrevocable choice—Default.
41.40.787 - Right to waive benefit—Irrevocable choice.
41.40.790 - Computation of retirement allowance.
41.40.795 - Transfer period and basis—Additional transfer payment.
41.40.801 - Application for and effective date of retirement allowances.
41.40.805 - Leaves of absence—Military service.
41.40.811 - Purchased service credit—Allocation.
41.40.815 - Lump sum payments—Reentry.
41.40.820 - Retirement eligibility.
41.40.823 - Member with terminal illness—Removal from system.
41.40.825 - Disability allowance—Death of recipient.
41.40.830 - Restored, purchased service credit under plan 2—Transfer to plan 3.
41.40.840 - Postretirement cost-of-living.
41.40.845 - Options for payment of retirement allowances—Court-approved property settlement.
41.40.850 - Suspension of retirement allowance upon reemployment—Exception—Reinstatement.
41.40.873 - Additional benefit for district or municipal court judges—One-time irrevocable election.
41.40.877 - Justices or judges retirement allowance—In lieu of RCW 41.40.790.
41.40.880 - District or municipal court judges retirement allowance—In lieu of RCW 41.40.790.
41.40.920 - Effective date—1977 ex.s. c 295.
41.40.930 - Benefits not contractual right until March 1, 2002.