RCW 41.50.590
Mandatory assignment of retirement benefits—Order—Form.
The mandatory benefits assignment order shall be in the following form:
IN THE SUPERIOR COURT OF THE STATE OF
WASHINGTON IN AND FOR THE COUNTY OF
. . . . . . . . . . . . . . . . . . . .
. . . .,
Obligee
No. . . . .
vs.
MANDATORY
. . . .,
BENEFITS ASSIGNMENT
Obligor
ORDER
. . . .,
The Department of Retirement Systems
of the State of Washington
THE STATE OF WASHINGTON TO: The Department of Retirement Systems
AND TO:
. . . .
Obligor
The above-named obligee claims that the above-named obligor is more than fifteen days past due in spousal maintenance payments and that the total amount of such past due payments is equal to or greater than one hundred dollars or that the obligor has requested a withdrawal of accumulated contributions from the department of retirement systems. The amount of the accrued past due spousal maintenance debt as of this date is . . . . . . dollars. If the obligor is receiving periodic retirement payments from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars per month and the amount to be withheld from the obligor's benefits to satisfy current and continuing spousal maintenance is . . . . . . per month. Upon satisfaction of the accrued past due spousal maintenance debt, the department shall withhold only . . . . . . dollars, the amount necessary to satisfy current and continuing spousal maintenance from the obligor's benefits. If the obligor has requested a withdrawal of accumulated contributions from the department, the amount to be withheld from the obligor's benefits to satisfy such accrued spousal maintenance is . . . . . . dollars.
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and you must mail or deliver the original of the answer to the court, one copy to the obligee or obligee's attorney, and one copy to the obligor within twenty days after service of this benefits assignment order upon you.
(1) If you are currently paying periodic retirement payments to the obligor, then you shall do as follows:
(a) Withhold from the obligor's retirement payments each month the lesser of:
(i) The sum of the specified arrearage payment amount plus the specified current spousal maintenance amount; or
(ii) Fifty percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall continue to withhold the ordered amounts from nonexempt benefits of the obligor until notified by a court order that the mandatory benefits assignment order has been modified or terminated. You shall promptly notify the court if and when the obligor is no longer receiving periodic retirement payments from the department of retirement systems.
You shall deliver the withheld benefits to the clerk of the court that issued this mandatory benefits assignment order each month, but the first delivery shall occur no sooner than twenty days after your receipt of this mandatory benefits assignment order.
(2) If you are not currently paying periodic retirement payments to the obligor but the obligor has requested a withdrawal of accumulated contributions, then you shall do as follows:
(a) Withhold from the obligor's benefits the sum of the specified arrearage payment amount plus the specified interest amount, up to one hundred percent of the disposable benefits of the obligor.
(b) The total amount withheld above is subject to the mandatory benefits assignment order, and all other sums may be disbursed to the obligor.
You shall mail a copy of this order and a copy of your answer to the obligor at the mailing address in the department's files as soon as is reasonably possible. This mandatory benefits assignment order has priority over any assignment or order of execution, garnishment, attachment, levy, or similar legal process authorized by Washington law, except for a wage assignment order for child support under chapter 26.18 RCW or order to withhold or deliver under chapter 74.20A RCW.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO REQUEST A HEARING IN THE SUPERIOR COURT THAT ISSUED THIS MANDATORY BENEFITS ASSIGNMENT ORDER, TO REQUEST THAT THE COURT QUASH, MODIFY, OR TERMINATE THE MANDATORY BENEFITS ASSIGNMENT ORDER.
DATED THIS . . . . day of . . . ., (year) . . . .
. . . .
. . . .
Obligee,
Judge/Court Commissioner
or obligee's attorney
[ 2016 c 202 § 32; 1991 c 365 § 8; 1987 c 326 § 10.]
NOTES:
Severability—1991 c 365: See note following RCW 41.50.500.
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.