Washington Administrative Code
Title 415 - Retirement Systems, Department of
Chapter 415-02 - General provisions
TAXES AND FEES
Section 415-02-755 - How does the department comply with Internal Revenue Code USERRA rules?

Universal Citation: WA Admin Code 415-02-755
Current through Register Vol. 24-18, September 15, 2024

Effective December 12, 1994, notwithstanding any other provisions of state law, contributions, benefits and service credit with respect to qualified military service are governed by section 414(u) of the Internal Revenue Code and the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.

Effective with respect to deaths occurring on and after January 1, 2007, while a member is performing qualified military service (as defined in chapter 43 of Title 38 of the United States Code), to the extent required by section 401(a)(37) of the Internal Revenue Code, survivors of a member of a retirement system are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as accelerated vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of qualified service must be counted for vesting purposes.

Statutory Authority: RCW 41.50.050(5). 10-24-099, §415-02-755, filed 12/1/10, effective 1/1/11.

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