RCW 41.50.135
Collection of overpayments—Determination of liability—Administrative process created.
(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 § 1.]
Structure Revised Code of Washington
Title 41 - Public Employment, Civil Service, and Pensions
Chapter 41.50 - Department of Retirement Systems.
41.50.005 - Policy and intent.
41.50.020 - Department of retirement systems—Created—Director.
41.50.033 - Crediting interest to retirement system accounts.
41.50.040 - Manner of selection and terms of transferred board members not affected.
41.50.050 - Powers, duties, and functions of director.
41.50.060 - Delegation of powers, duties, and functions—Director's responsibilities.
41.50.065 - Accumulated service credit—Annual notification to members.
41.50.075 - Funds established.
41.50.077 - State treasurer is custodian of funds.
41.50.080 - Investment of funds of various systems.
41.50.085 - Investments in accordance with established standards.
41.50.088 - Duties of director—Retirement investments.
41.50.112 - Report of member data—Department-designed format.
41.50.120 - Payment of moneys due department by employers—Interest.
41.50.125 - Interest on contributions—Department may charge.
41.50.130 - Correction of retirement systems' records—Adjustment in payment of benefits—Limitations.
41.50.131 - Correction of errors in reporting compensation earnable.
41.50.132 - Correction of erroneous deduction or pickup of contributions.
41.50.135 - Collection of overpayments—Determination of liability—Administrative process created.
41.50.136 - Collection of overpayments—Issuance of warrant—Lien.
41.50.137 - Collection of overpayments—Department may issue subpoenas.
41.50.138 - Collection of overpayments—Waiver of overpayment.
41.50.139 - Retirement status reports—Overpayments—Employer obligations.
41.50.145 - Plan 3—Loss of investment return due to error—Liability.
41.50.152 - Payment of excess compensation—Public notice requirements.
41.50.155 - Erroneous withdrawals of contributions—Restoration.
41.50.160 - Restoration of withdrawn contributions.
41.50.165 - Establishing, restoring service credit—Conditions.
41.50.170 - Notification of restoration rights.
41.50.175 - Adoption of rules.
41.50.180 - Inactive accounts—Identification, closing, and refund.
41.50.200 - Subdivision of retirement system funds.
41.50.205 - Records—Teachers' retirement system annual report.
41.50.215 - Teachers' retirement system funds—Annual interest to be credited.
41.50.220 - Trustees, employees not to guarantee loans.
41.50.230 - Employer reports to department.
41.50.235 - Teachers' retirement system salary deductions.
41.50.240 - Duties of payroll officer.
41.50.255 - Payment of legal and medical expenses of retirement systems.
41.50.260 - Public employees' retirement system funds created.
41.50.270 - Transmittal of total of public employees' retirement system members' deductions.
41.50.290 - Shared work programs—Effect of employer's participation.
41.50.500 - Mandatory assignment of retirement benefits—Definitions.
41.50.510 - Mandatory assignment of retirement benefits—Remedies—Applicability.
41.50.520 - Mandatory assignment of retirement benefits—Other remedies not limited.
41.50.540 - Mandatory assignment of retirement benefits—Notice to obligor.
41.50.560 - Mandatory assignment of retirement benefits—Petition for order.
41.50.570 - Mandatory assignment of retirement benefits—Issuance of order.
41.50.580 - Mandatory assignment of retirement benefits—Order—Contents.
41.50.590 - Mandatory assignment of retirement benefits—Order—Form.
41.50.600 - Mandatory assignment of retirement benefits—Duties of department.
41.50.610 - Mandatory assignment of retirement benefits—Order—Answer—Form.
41.50.620 - Mandatory assignment of retirement benefits—Order—Service.
41.50.640 - Mandatory assignment of retirement benefits—Award of costs to prevailing party.
41.50.650 - Payments pursuant to court orders entered under prior law.
41.50.660 - Mandatory assignment of retirement benefits—Rules.
41.50.670 - Property division obligations—Direct payments pursuant to court order.
41.50.680 - Property division obligations—Processing fee.
41.50.720 - Payment of benefits—Restraining orders.
41.50.730 - Retirement or termination agreement payments—Effect on pension benefits calculation.
41.50.740 - Retirement or termination agreement payments—Opportunity to change payment options.
41.50.750 - Retirement or termination agreement payments—Overpayments not required to be repaid.
41.50.760 - Cost-of-living adjustments—Alternative calculation—Election.
41.50.770 - Deferred compensation plans.
41.50.790 - Survivor benefits—Dissolution orders.
41.50.800 - Apportionment of budgeted funds of affected agencies.
41.50.801 - Continuation of rules, pending business, contracts, investments, etc.
41.50.802 - Transfer of reports, documents, etc., property, funds, assets, appropriations, etc.
41.50.810 - Blind mailings to retirees—Restrictions.
41.50.901 - Effective date—1987 c 326.
41.50.902 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.