Current through Register Vol. 24-18, September 15, 2024
If you retire for service under
RCW
41.26.430 or nonduty disability under
RCW
41.26.470, or if you choose to receive a
monthly benefit for duty disability under
RCW
41.26.470, you must choose to have your
monthly retirement benefit paid to you by one of the options described in this
section.
(1)
Which option will
pay my beneficiary a monthly benefit after my death? Options described
in subsection (2)(b) through (d) of this section will pay a monthly benefit to
your survivor after your death. The person you name at the time of retirement
to receive a monthly benefit after your death is referred to as your "survivor
beneficiary." After your death, your survivor beneficiary will receive a
monthly benefit for the duration of their life. Your monthly retirement benefit
will be reduced to offset the cost of the survivor option. See WAC
415-02-380
for more information on how your monthly benefit will be affected if you choose
a survivor option.
(2)
What
are my benefit options?
(a)
Option one: Standard benefit (nonsurvivor option). The department
will pay you a monthly retirement benefit throughout your lifetime. Your
monthly benefit will cease upon your death.
(b)
Option two: Joint and 100 percent
survivor benefit. The department will pay you a reduced monthly
retirement benefit throughout your lifetime. After your death, your survivor
beneficiary will receive a gross monthly benefit equal to your gross monthly
benefit.
(c)
Option three:
Joint and 50 percent survivor benefit. The department will pay you a
reduced monthly retirement benefit throughout your lifetime. After your death,
your survivor beneficiary will receive a gross monthly benefit equal to 50
percent of your gross monthly benefit.
(d)
Option four: Joint and two-thirds
benefit. The department will pay you a reduced monthly retirement
benefit throughout your lifetime. After your death, your survivor beneficiary
will receive a gross monthly benefit equal to two-thirds (66.667%) of your
gross monthly benefit.
(3)
Do I need my spouse's consent on
the option I choose? The option you select will determine whether
spousal consent is required.
(a) If you are
married and select a nonsurvivor benefit option, you must provide your spouse's
consent, verified by notarization or other means acceptable to the department.
If you do not provide verified spousal consent, the department will pay you a
monthly retirement benefit based on option three (joint and 50 percent benefit)
with your spouse as the survivor beneficiary as required by
RCW
41.26.460(2).
(b) If you are married and select a survivor
benefit option for your spouse, spousal consent is not required. The department
will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor
benefit option for someone other than your spouse, verified spousal consent is
required. If you do not provide spousal consent, verified by notarization or
other means acceptable to the department, the department will pay you a monthly
retirement benefit based on option three (joint and 50 percent benefit) with
your spouse as the survivor beneficiary as required by
RCW
41.26.460(2).
(d) If your survivor beneficiary has been
designated by a dissolution order according to subsection (4) of this section,
which was filed with the department at least 30 days before your retirement
date, spousal consent is not required.
(4)
Can a dissolution order require
that a former spouse be designated as a survivor beneficiary? Yes. A
dissolution order may require that a former spouse be designated as a survivor
beneficiary. The department is required to pay survivor benefits to a former
spouse pursuant to a dissolution order that complies with
RCW
41.50.790.
(5)
What happens if I choose a benefit
option with a survivor option and my survivor beneficiary dies before I
do? If your survivor beneficiary dies before you do, you may request to
have your benefit increased as described in WAC
415-02-380.
(6)
May I change my benefit option
after retirement? Your choice of a benefit option is irrevocable with
the following five exceptions:
(a)
Return to membership. If you retire and then return to membership,
you may choose a different retirement option upon your subsequent
retirement.
(b)
Postretirement marriage option. If you select the standard benefit
option at the time of retirement and marry after retirement, you may select a
benefit option with a survivor option and name your current spouse as survivor
beneficiary, provided that:
(i) Your benefit
is not subject to a property division obligation pursuant to a dissolution
order. See WAC
415-02-500;
(ii) The selection is made during a one-year
window, on or after the date of the first anniversary and before the second
anniversary of your postretirement marriage;
(iii) You provide a copy of your certified
marriage certificate to the department; and
(iv) You provide proof of your current
spouse's birth date.
(c)
Removal of a nonspouse survivor option. If you select a benefit
option with a survivor option and name a nonspouse as survivor beneficiary at
the time of retirement, you may remove that survivor beneficiary designation
and have your benefit adjusted to a standard benefit. You may exercise this
option one time only.
(d)
One-time change of survivor. You may change your benefit option
and/or designated survivor one time within 90 days from the date your first
benefit payment is issued. Your change request must be in writing, and must
comply with other requirements as described in this section. Your new benefit
amount will be effective the first of the month following the receipt of your
request by the department.
(e)
Retirement type changes. If your retirement status changes due to
the acceptance of a new retirement application from service retirement to a
nonduty, duty or catastrophic retirement, or duty to catastrophic retirement,
you may select a different survivor benefit option. Your benefit will be
recalculated to reflect your new survivor option in accordance with WAC
415-104-483.
(7)
Who will receive the balance of my
accumulated contributions, if any, after my death?
(a) If you do not have a survivor beneficiary
at the time of your death, and you die before the total of the retirement
benefit paid equals the amount of your accumulated contributions at the time of
retirement, the balance will be paid:
(i) To
the person or entity (i.e., trust, organization, or estate) you have nominated
by written designation, executed and filed with the department.
(ii) If you have not designated a
beneficiary, or if the designated beneficiary is no longer living or in
existence, then to your surviving spouse.
(iii) If not paid according to (a)(i) or (ii)
of this subsection, then to your estate.
(b) If you have a survivor beneficiary at the
time of your death, and your survivor beneficiary dies before the total of the
retirement benefit paid equals the amount of your accumulated contributions at
the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust,
organization, or estate) your survivor beneficiary has nominated by written
designation, executed and filed with the department.
(ii) If your survivor beneficiary has not
designated a beneficiary, or if the designated beneficiary is no longer living
or in existence, then to your survivor beneficiary's spouse.
(iii) If not paid according to (b)(i) or (ii)
of this subsection, then to your survivor beneficiary's estate.
(8) For more
information, see
RCW
41.26.460.
Statutory Authority:
RCW
41.50.050(5),
41.26.460. WSR 05-23-062, §415-104-215, filed 11/14/05,
effective 12/15/05; WSR 03-12-014, §415-104-215, filed 5/27/03,
effective 7/1/03. Statutory Authority:
RCW
41.50.050(5),
41.26.460,
41.32.530,
41.32.785,
41.32.851,
41.35.220,
41.40.188,
41.40.660,
41.40.845. WSR 01-10-045, §415-104-215, filed 4/26/01,
effective 6/1/01. Statutory Authority:
RCW
41.50.050. WSR 99-16-075, §415-104-215, filed 8/3/99,
effective 9/3/99. Statutory Authority:
RCW
2.10.146,
41.26.460,
41.32.530,
41.50.050,
41.32.785,
41.40.188 and
41.40.660. WSR 96-01-047, §415-104-215, filed 12/14/95,
effective 1/14/96. Statutory Authority:
RCW
34.05.050 and 1990 c 249. WSR 91-03-014,
§415-104-215, filed 1/7/91,
effective 2/7/91.
