RCW 41.50.138
Collection of overpayments—Waiver of overpayment.
(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 § 4.]
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.