Current through Register Vol. 24-18, September 15, 2024
This section only applies to members commissioned before
January 1, 2003.
(1) When retiring for
service, a married member can choose either Option A (historic retirement
option) under
RCW
43.43.260 and
43.43.270
or Option B under RCW 43.43.-278. Both options include a survivor option that
entitles the eligible surviving spouse and any eligible children to receive a
monthly benefit after the retiree dies.
(2)
Option A (historic retirement
option and survivor benefit). The department pays the retiree a monthly
retirement benefit in accordance with
RCW
43.43.260 (Benefits). The department pays
survivor benefits in accordance with
RCW
43.43.270 (Retirement allowances).
(a)
Surviving spouse. When the
retiree dies, the department pays the retiree's surviving spouse a monthly
retirement benefit equal to the gross monthly benefit then payable to the
retiree, or a benefit equal to fifty percent of the average final salary (AFS)
used to determine the retiree's benefit, whichever is less.
(b)
Surviving children when there is a
surviving spouse. If the retiree has a surviving spouse and surviving
unmarried children under the age of eighteen years, each child shall be
entitled to a benefit equal to five percent of the retiree's average final
salary (AFS) at retirement. The combined benefits to the surviving spouse and
all children cannot exceed sixty percent of the retiree's AFS.
(3)
Option B (actuarially
equivalent retirement option and survivor benefit). The department pays
the retiree a monthly retirement benefit that is actuarially reduced from the
benefit calculated under Option A. The department pays survivor benefits in
accordance with
RCW
43.43.278 using an actuarial reduction. See
WAC
415-02-380
for more information on how your benefit is affected by choosing an optional
survivor option.
(a)
Surviving
spouse. When the retiree dies, the department pays the retiree's
surviving spouse a monthly retirement benefit equal to the gross monthly
benefit then payable to the retiree.
(b)
Surviving children when there is a
surviving spouse. If the retiree has a surviving spouse and surviving
unmarried children under the age of eighteen years, each surviving unmarried
child under the age of eighteen years shall be entitled to a benefit equal to
five percent of the retiree's average final salary (AFS) at
retirement.
(4)
Benefits included in Option A and Option B.
(a)
Cost-of-living adjustment.
The retiree's annual adjustment every July is based upon the provisions in
RCW
43.43.260(5). The annual
adjustment applies to the eligible surviving spouse and any eligible children,
who receive a monthly benefit after the retiree dies.
(b)
Surviving spouse
eligibility. To be eligible for a benefit, the surviving spouse of a
retiree must either:
(i) Have been married to
the retiree prior to his or her retirement and continuously thereafter until
the retiree's death; or
(ii) Have
been married to the retiree for at least two years prior to the retiree's
death.
(c)
Remarriage of surviving spouse. If a surviving spouse who is
receiving benefits under this subsection marries another member of WSPRS and
that retiree dies before the spouse, the spouse will receive only the higher of
the two survivors' benefits for which he or she qualifies. The surviving spouse
cannot receive more than one survivor benefit at a time under this
subsection.
(d)
Surviving
children when there is no surviving spouse. If there is no surviving
spouse or the surviving spouse dies, the unmarried child or children under the
age of eighteen years shall be entitled to a benefit equal to thirty percent of
the retiree's AFS for one child and an additional ten percent of AFS for each
additional child. The combined benefits to the surviving children cannot exceed
sixty percent of the retiree's AFS. Benefit payments under this subsection will
be divided equally among the children.
(e)
End of benefits. All
benefits end when the surviving spouse dies or the youngest unmarried child
reaches age eighteen, whichever occurs last.
(f)
Distribution of remaining
contributions. Any remaining balance of the retiree's accumulated
contributions will be paid to:
(i) The
person(s), trust, organization, or retiree's estate specified by the retiree on
the appropriate department designated form, duly executed and properly on file
with the department on or before the retiree's death; or
(ii) To the retiree's legal representative,
if no person or entity designated in (f)(i) of this subsection is living or in
existence at the time of the retiree's death.
(5)
Pop-up provision.
(a) This subsection only applies to members
retiring on or after July 1, 2000, who select Option B.
(b) If the retiree and spouse divorce, or if
the spouse dies before the retiree, the retiree may request to have their
benefit increased as described in WAC
415-02-380(6)(a)(i).
Statutory Authority:
RCW
41.50.050(5). WSR 10-16-086,
§415-103-215, filed 7/30/10,
effective 9/1/10. Statutory Authority:
RCW
41.50.050(5),
43.43.260, [43.43.]270,
[43.43.]278, [43.43.]280(1). WSR 02-23-037, §415-103-215, filed 11/13/02,
effective 1/1/03. Statutory Authority:
RCW
41.50.050(5),
43.43.142,
43.43.278,
43.43.280. WSR 01-13-010, §415-103-215, filed 6/8/01,
effective 7/9/01. Statutory Authority:
RCW
43.43.278 and
41.50.050. WSR 00-11-103, §415-103-215, filed 5/18/00,
effective 6/18/00.
