Revised Code of Washington - RCW Title 41 Public Employment, Civil Service, And Pensions - Chapter 41.50 Department Of Retirement Systems

  • 41.50.005 Policy and intent
    The legislature sets forth as retirement policy and intent: (1) The retirement systems of the state shall provide similar benefits wherever possible. (2) Persons hired ...
  • 41.50.010 Definitions
    As used in this chapter, unless the context clearly indicates otherwise: (1) "Actuarial value" means the present value of a change in actuarial liability; (2) ...
  • 41.50.020 Department of retirement systems -- Created -- Director
    There is created a department of state government to be known as the department of retirement systems. The executive and administrative head of the department ...
  • 41.50.030 Transfer of powers, duties, and functions of certain systems, administrators, and committees to department of retirement systems
    (1) As soon as possible but not more than one hundred and eighty days after March 19, 1976, there is transferred to the department of ...
  • 41.50.033 Crediting interest to retirement system accounts
    (1) The director shall determine when interest, if provided by a plan, shall be credited to accounts in the public employees' retirement system, the teachers' ...
  • 41.50.040 Manner of selection and terms of transferred board members not affected
    This chapter shall not affect the manner for selecting members of the boards affected by RCW 41.50.030, nor shall it affect the terms of any ...
  • 41.50.050 Powers, duties, and functions of director
    The director shall: (1) Have the authority to organize the department into not more than four divisions, each headed by an assistant director; (2) Have ...
  • 41.50.055 Director of retirement systems to administer Washington law enforcement officers' and firefighters' retirement system -- Duties
    The administration of the Washington law enforcement officers' and firefighters' retirement system is hereby vested in the director of retirement systems, and the director shall: ...
  • 41.50.060 Delegation of powers, duties, and functions -- Director's responsibilities
    The director may delegate the performance of such powers, duties, and functions, other than those relating to rule making, to employees of the department, but ...
  • 41.50.065 Accumulated service credit -- Annual notification to members
    (1) The department shall annually notify each member of each retirement system listed in RCW 41.50.030 of his or her: (a) Service credit accumulated in ...
  • 41.50.070 Personnel
    In addition to the exemptions set forth in RCW 41.06.070, the assistant directors, not to exceed two, and an internal auditor shall also be exempt ...
  • 41.50.075 Funds established
    (1) Two funds are hereby created and established in the state treasury to be known as the Washington law enforcement officers' and firefighters' system plan ...
  • 41.50.077 State treasurer is custodian of funds
    The state treasurer is the custodian of, and accountant for, all funds and holdings of the retirement systems listed in RCW 41.50.030.[1991 c 35 § ...
  • 41.50.080 Investment of funds of various systems
    The state investment board shall provide for the investment of all funds of the Washington public employees' retirement system, the teachers' retirement system, the school ...
  • 41.50.085 Investments in accordance with established standards
    Any investments under RCW 43.84.150 by the state investment board shall be made in accordance with the standards established in RCW 43.33A.140.[1998 c 14 § ...
  • 41.50.086 Employee retirement benefits board -- Created -- Membership
    (1) The employee retirement benefits board is created within the department of retirement systems. (2) The board shall be composed of twelve members appointed by ...
  • 41.50.088 Employee retirement benefits board -- Duties
    (1) The board shall adopt rules as necessary and exercise the following powers and duties: (a) The board shall recommend to the state investment board ...
  • 41.50.090 Department succeeds to and vested with transferred powers, duties, and functions -- Boards to be kept informed -- Approval of rules -- Disability benefit applications
    (1) Except as otherwise provided in this section, on the effective date of transfer as provided in RCW 41.50.030, the department shall succeed to and ...
  • 41.50.110 Expenses of administration paid from department of retirement systems expense fund -- Administrative expense fee
    (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration ...
  • 41.50.112 Report of member data -- Department-designed format
    Employers, as defined in RCW 41.26.030, 41.32.010, 41.34.020, 41.35.010, and 41.40.010, must report all member data to the department in a format designed and communicated ...
  • 41.50.120 Payment of moneys due department by employers -- Interest
    Notwithstanding any provision of law to the contrary, all employers of members of retirement systems administered by the department shall transmit by a warrant or ...
  • 41.50.125 Interest on contributions -- Department may charge
    The department may charge interest, as determined by the director, on member or employer contributions owing to any of the retirement systems listed in RCW ...
  • 41.50.130 Correction of retirement systems' records -- Adjustment in payment of benefits -- Limitations
    (1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW 41.50.030. Should any error in ...
  • 41.50.131 Correction of errors in reporting compensation earnable
    (1) Notwithstanding RCW 41.50.130, the department is not required to correct, nor to cause any employer to correct the reporting error described in subsection (2) ...
  • 41.50.132 Correction of erroneous deduction or pick-up of contributions
    (1) By December 31, 1992, the department of retirement systems shall implement and complete the following process for those members of the law enforcement officers' ...
  • 41.50.133 Recovery of certain overpayments to surviving beneficiaries under the teachers' retirement system
    (1) The director of the department of retirement systems shall not recover from surviving beneficiaries of members who died in service any pension overpayment based ...
  • 41.50.135 Collection of overpayments -- Determination of liability -- Administrative process created
    (1) If the department finds that any member, beneficiary, or other person or entity has been paid an amount of retirement benefits to which that ...
  • 41.50.136 Collection of overpayments -- Issuance of warrant -- Lien
    Whenever a notice of determination of liability becomes conclusive and final under RCW 41.50.135, the director, upon giving at least twenty days notice by certified ...
  • 41.50.137 Collection of overpayments -- Department may issue subpoenas
    The department may issue subpoenas to compel the statement of witnesses and the production of any books, records, or documents necessary or relevant to the ...
  • 41.50.138 Collection of overpayments -- Waiver of overpayment
    (1) The director may waive repayment of all or part of a retirement allowance overpayment, under RCW 41.50.130 only, if: (a) The overpayment was not ...
  • 41.50.139 Retirement status reports -- Overpayments -- Employer obligations
    (1) Retirement system employers shall elicit on a written form from all new employees as to their having been retired from a retirement system listed ...
  • 41.50.140 Cooperation of employers in administration of systems -- Employer contributions for retroactive service credit -- Employee contributions paid by employer
    (1) Every employer participating in one or more of the retirement systems listed in RCW 41.50.030 shall fully cooperate in the administration of the systems ...
  • 41.50.145 Plan 3 -- Loss of investment return due to error -- Liability
    (1) If the department determines that due to employer error a member of plan 3 has suffered a loss of investment return, the employer shall ...
  • 41.50.150 Retirement benefits based on excess compensation -- Employer liable for extra retirement costs
    (1) The employer of any employee whose retirement benefits are based in part on excess compensation, as defined in this section, shall, upon receipt of ...
  • 41.50.152 Payment of excess compensation -- Public notice requirements
    (1) Except as limited by subsection (3) of this section, the governing body of an employer under chapter 41.32, 41.35, 41.37, or 41.40 RCW shall ...
  • 41.50.155 Erroneous withdrawals of contributions -- Restoration
    (1) If a person receives a withdrawal of accumulated contributions from any of the retirement systems listed in RCW 41.50.030 in contravention of the restrictions ...
  • 41.50.160 Restoration of withdrawn contributions
    The department of retirement systems shall incorporate the development of individual member accounts receivable into its information systems projects for fiscal years 1993 and 1994, ...
  • 41.50.165 Establishing, restoring service credit -- Conditions
    (1) Except for those affected by subsection (4) of this section, a member of a retirement system specified by RCW 41.50.030 or, one previously established ...
  • 41.50.170 Notification of restoration rights
    Upon termination for reasons other than retirement, the department shall inform a member withdrawing his or her contributions, and the member shall acknowledge in writing, ...
  • 41.50.175 Adoption of rules
    The department shall adopt rules under chapter 34.05 RCW implementing and administering chapter 197, Laws of 1994. These rules are to include, but are not ...
  • 41.50.200 Subdivision of retirement system funds
    In the records of the teachers' retirement system the teachers' retirement system plan 1 fund shall be subdivided into the member reserve, the pension reserve, ...
  • 41.50.205 Records -- Teachers' retirement system annual report
    The department shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually a report showing the ...
  • 41.50.210 Medical director
    The director shall designate a medical director. If required, other physicians may be employed to report on special cases. The medical director shall arrange for ...
  • 41.50.215 Teachers' retirement system funds -- Annual interest to be credited
    From interest and other earnings on the moneys of the Washington state teachers' retirement system, and except as otherwise provided in *RCW 41.32.499, at the ...
  • 41.50.220 Trustees, employees not to guarantee loans
    No trustee or employee of the department shall become an endorser or surety or an obligor for moneys loaned by the department.[1991 c 35 § ...
  • 41.50.230 Employer reports to department
    On or before a date specified by the department in each month every employer shall file a report with the department on a form provided, ...
  • 41.50.235 Teachers' retirement system salary deductions
    Every officer authorized to issue salary warrants to teachers shall deduct from the salary payments to any member of the Washington state teachers' retirement system ...
  • 41.50.240 Duties of payroll officer
    The person responsible for making up the payroll shall transmit promptly to the department at the end of each and every payroll period a copy ...
  • 41.50.255 Payment of legal and medical expenses of retirement systems
    The director is authorized to pay from the interest earnings of the trust funds of the public employees' retirement system, the teachers' retirement system, the ...
  • 41.50.260 Public employees' retirement system funds created
    For the purpose of the internal accounting record of the public employees' retirement system and not the segregation of moneys on deposit with the state ...
  • 41.50.265 Public employees' retirement system funds -- Report of the state treasurer -- Members may receive reports and statements
    The state treasurer shall furnish annually to the department a statement of the amount of the funds in the treasurer's custody belonging to the public ...
  • 41.50.270 Transmittal of total of public employees' retirement system members' deductions
    The person responsible for making up the payroll shall transmit promptly to the department at the end of each and every payroll period a copy ...
  • 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, and26.09.138 . (1) "Benefits" means ...
  • 41.50.510 Mandatory assignment of retirement benefits -- Remedies -- Applicability
    (1) The remedies provided in RCW 41.50.530 through 41.50.650 and 26.09.138 are in addition to, and not in substitution for, any other remedies provided by ...
  • 41.50.520 Mandatory assignment of retirement benefits -- Other remedies not limited
    Nothing in RCW 41.50.500 through 41.50.650 limits the use of any and all civil and criminal remedies against an obligor to enforce the obligations of ...
  • 41.50.530 Mandatory assignment of retirement benefits -- Proceeding to enforce spousal maintenance -- Venue -- Jurisdiction
    (1) A proceeding to enforce a duty of spousal maintenance through a mandatory benefits assignment order may be commenced by an obligee: (a) By filing ...
  • 41.50.540 Mandatory assignment of retirement benefits -- Notice to obligor
    (1) Every court order or decree establishing a spousal maintenance obligation may state that if any such payment is more than fifteen days past due ...
  • 41.50.550 Mandatory assignment of retirement benefits -- Withdrawal of accumulated contributions -- Notice to obligee -- Payment to obligee
    (1) An obligee who wishes to be notified by the department of retirement systems if the obligor seeks a withdrawal of accumulated contributions shall submit ...
  • 41.50.560 Mandatory assignment of retirement benefits -- Petition for order
    (1) A petition or motion seeking a mandatory benefits assignment order in an action under RCW 41.50.530 may be filed by an obligee if the ...
  • 41.50.570 Mandatory assignment of retirement benefits -- Issuance of order
    Upon receipt of a petition or motion seeking a mandatory benefits assignment order that complies with RCW 41.50.560, the court shall issue a mandatory benefits ...
  • 41.50.580 Mandatory assignment of retirement benefits -- Order -- Contents
    (1)(a) The mandatory benefits assignment order issued pursuant to RCW 41.50.570 and directed at periodic retirement benefits shall include: (i) The maximum amount of current ...
  • 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 ...
  • 41.50.600 Mandatory assignment of retirement benefits -- Duties of department
    (1) The director or the director's designee shall answer an order by sworn affidavit within twenty days after the date of service. The answer shall ...
  • 41.50.610 Mandatory assignment of retirement benefits -- Order -- Answer -- Form
    The answer of the department shall be made on forms, served on the director with the mandatory benefits assignment order, substantially as follows:
  • 41.50.620 Mandatory assignment of retirement benefits -- Order -- Service
    (1) Service of the mandatory benefits assignment order on the department is invalid unless it is served with four answer forms in conformance with RCW ...
  • 41.50.630 Mandatory assignment of retirement benefits -- Hearing to quash, modify, or terminate order
    In a hearing to quash, modify, or terminate the mandatory benefits assignment order, the court may grant relief only upon a showing that the mandatory ...
  • 41.50.640 Mandatory assignment of retirement benefits -- Award of costs to prevailing party
    In any action to enforce a dissolution order by means of a mandatory benefits assignment order pursuant to RCW 41.50.530 through 41.50.630 and 26.09.138, the ...
  • 41.50.650 Payments pursuant to court orders entered under prior law
    (1) Notwithstanding RCW 2.10.180(1),2.12.090 (1), *41.26.180(1), 41.32.052(1), 41.40.052(1), and43.43.310 (1) as those sections existed between July 1, 1987, and July 28, 1991, the department of ...
  • 41.50.660 Mandatory assignment of retirement benefits -- Rules
    The director shall adopt such rules under RCW 41.50.050 as the director may find necessary to carry out the purposes of RCW 41.50.500 through 41.50.650 ...
  • 41.50.670 Property division obligations -- Direct payments pursuant to court order
    (1) Nothing in this chapter regarding mandatory assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an obligee to direct ...
  • 41.50.680 Property division obligations -- Processing fee
    The department may deduct a processing fee for administering direct payments under RCW 41.50.670 according to the dissolution order. The fee may not exceed (1) ...
  • 41.50.690 Property division obligations -- Obligee entitled to statement of obligor's retirement benefits -- When
    Unless otherwise prohibited by federal law, following both the initial and final postretirement audit of an obligor's retirement benefit, the department shall provide an obligee ...
  • 41.50.700 Property division obligations -- Cessation upon death of obligee or obligor -- Payment treated as deduction from member's periodic retirement payment
    (1) Except under subsection (3) of this section and RCW 41.26.460(5),41.32.530 (5), 41.32.785(5), 41.32.851(4), 41.35.220(4),41.40.188 (5), 41.40.660(5), 41.40.845(4), 43.43.271(4), and41.34.080 , the department's obligation to ...
  • 41.50.710 Property division obligations -- Remedies exclusive -- Payment pursuant to court order defense against claims
    (1) The remedies provided in RCW 41.50.670 through 41.50.720 are the exclusive remedies enforceable against the department or the retirement systems listed in RCW 41.50.030 ...
  • 41.50.720 Payment of benefits -- Restraining orders
    A party to a dissolution proceeding may file a motion with the court requesting the court to enter an order restraining the department from paying ...
  • 41.50.730 Retirement or termination agreement payments -- Effect on pension benefits calculation
    Any payment made by an employer to a member of any retirement system enumerated in RCW 41.50.030 based on either an agreement of the employee ...
  • 41.50.740 Retirement or termination agreement payments -- Opportunity to change payment options
    Members of the teachers' retirement system who retired prior to January 1, 1993, from service with a community college district whose reported earnable compensation included ...
  • 41.50.750 Retirement or termination agreement payments -- Overpayments not required to be repaid
    (1) Retirees whose reported earnable compensation included payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, ...
  • 41.50.760 Cost-of-living adjustments -- Alternative calculation -- Election
    The department of retirement systems may continue to pay cost-of-living adjustments consistent with the provisions of the statutes repealed by section 11, chapter 345, Laws ...
  • 41.50.770 Deferred compensation plans
    (1) "Employee" as used in this section and RCW 41.50.780 includes all full-time, part-time, and career seasonal employees of the state, a county, a municipality, ...
  • 41.50.780 Deferred compensation principal and administrative accounts created -- Participation in deferred compensation plans--Department's duties
    (1) The deferred compensation principal account is hereby created in the state treasury. (2) The amount of compensation deferred by employees under agreements entered into ...
  • 41.50.790 Survivor benefits -- Dissolution orders
    (1) The department shall designate an obligee as a survivor beneficiary of a member under RCW 2.10.146, 41.26.460, 41.32.530, 41.32.785, 41.32.851, 41.35.220, 41.40.188, 41.40.660, 41.37.170, ...
  • 41.50.800 Apportionment of budgeted funds of affected agencies
    If apportionments of budgeted funds are required because of the transfers herein authorized, the director of financial management shall certify such apportionments to the agencies ...
  • 41.50.801 Continuation of rules, pending business, contracts, investments, etc
    On the effective date of transfer as provided in RCW 41.50.030, all rules and regulations, and all pending business before any of the retirement boards ...
  • 41.50.802 Transfer of reports, documents, etc., property, funds, assets, appropriations, etc
    All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred by this chapter ...
  • 41.50.803 Savings
    Nothing in this chapter nor in the amendment of RCW 43.17.010, 43.17.020, or *43.33.070 shall be construed to affect any existing rights acquired under RCW ...
  • 41.50.900 Severability -- 1975-'76 2nd ex.s. c 105
    See note following RCW 41.04.270. ...
  • 41.50.901 Effective date -- 1987 c 326
    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public ...

    • Last modified: April 7, 2009