RCW 41.50.500
Mandatory assignment of retirement benefits—Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.50.500 through 41.50.650, 41.50.670 through 41.50.720, and 26.09.138.
(1) "Benefits" means periodic retirement payments or a withdrawal of accumulated contributions.
(2) "Disposable benefits" means that part of the benefits of an individual remaining after the deduction from those benefits of any amount required by law to be withheld. The term "required by law to be withheld" does not include any deduction elective to the member.
(3) "Dissolution order" means any judgment, decree, or order of spousal maintenance, property division, or court-approved property settlement incident to a decree of divorce, dissolution, invalidity, or legal separation issued by the superior court of the state of Washington or a judgment, decree, or other order of spousal support issued by a court of competent jurisdiction in another state or country, that has been registered or otherwise made enforceable in this state.
(4) "Mandatory benefits assignment order" means an order issued to the department of retirement systems pursuant to RCW 41.50.570 to withhold and deliver benefits payable to an obligor under chapter 2.10, 2.12, 41.26, 41.32, 41.40, 41.35, 41.37, or 43.43 RCW.
(5) "Obligee" means an ex spouse or spouse to whom a duty of spousal maintenance or property division obligation is owed.
(6) "Obligor" means the spouse or ex spouse owing a duty of spousal maintenance or a property division obligation.
(7) "Periodic retirement payments" means periodic payments of retirement allowances, including but not limited to service retirement allowances, disability retirement allowances, and survivors' allowances. The term does not include a withdrawal of accumulated contributions.
(8) "Property division obligation" means any outstanding court-ordered property division or court-approved property settlement obligation incident to a decree of divorce, dissolution, or legal separation.
(9) "Standard allowance" means a benefit payment option selected under RCW 2.10.146(1)(a), 41.26.460(1)(a), 41.32.785(1)(a), 41.40.188(1)(a), 41.40.660(1), 41.40.845(1)(a), 41.37.170, or 41.35.220 that ceases upon the death of the retiree. Standard allowance also means the benefit allowance provided under RCW 2.10.110, 2.10.130, 43.43.260, 41.26.100, 41.26.130(1)(a), or chapter 2.12 RCW. Standard allowance also means the maximum retirement allowance available under RCW 41.32.530(1) following member withdrawal of accumulated contributions, if any.
(10) "Withdrawal of accumulated contributions" means a lump sum payment to a retirement system member of all or a part of the member's accumulated contributions, including accrued interest, at the request of the member including any lump sum amount paid upon the death of the member.
[ 2004 c 242 § 50; 2000 c 247 § 603; 1998 c 341 § 512; 1991 c 365 § 1; 1987 c 326 § 1.]
NOTES:
Effective date—2004 c 242: See RCW 41.37.901.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Effective date—1998 c 341: See RCW 41.35.901.
Severability—1991 c 365: "If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1991 c 365 § 37.]
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.