Title 41 — Title 41 PUBLIC EMPLOYMENT, CIVIL SERVICE, AND PENSIONS
37 chapters · 1,408 sections in this title.
RCW 41.50.265 Public employees' retirement system funds—Report of the state treasurer—Members may receive reports and statements.
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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 employees' retirement system. Copies of this annual report shall be available to public employees' retirement system members upon…
RCW 41.50.270 Transmittal of total of public employees' retirement system members' deductions.
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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 of the original payroll voucher or any other payroll report as the department may require showing thereon all deductions for the public em…
RCW 41.50.280 Higher education retirement plan supplemental beneficiaries—Department assumption of responsibility for making benefit payments.
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(1) On July 1st of the fiscal year following a determination by the pension funding council that a higher education institution has sufficiently funded the liabilities of that institution through contributions to the higher education retirement plan supplemental benefit fund, the…
RCW 41.50.290 Shared work programs—Effect of employer's participation.
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(1) With respect to plans administered by the department:(a) If an employer participates in the shared work program under chapter 50.60 RCW, any reduction in hours worked by a member as a result of the employer's participation in the program does not impact the retirement benefit…
RCW 41.50.500 Mandatory assignment of retirement benefits—Definitions.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***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, and 26.09.138.(1) "Benefits" means periodic retirement payments or a withdrawal…
RCW 41.50.510 Mandatory assignment of retirement benefits—Remedies—Applicability.
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(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 law to enforce a dissolution order against an obligor.(2) The remedies provided in RCW 41.50.530 through 41.50.630 shall be t…
RCW 41.50.520 Mandatory assignment of retirement benefits—Other remedies not limited.
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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 a dissolution order.[ 1987 c 326 s 3.]
RCW 41.50.530 Mandatory assignment of retirement benefits—Proceeding to enforce spousal maintenance—Venue—Jurisdiction.
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(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 a petition for an original action; or(b) By motion in an existing action or under an existing cause number.(2) Venue for the action…
RCW 41.50.540 Mandatory assignment of retirement benefits—Notice to obligor.
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(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 and the total of such past due payments is equal to or greater than one hundred dollars or if the obligor requests a withdrawal of a…
RCW 41.50.550 Mandatory assignment of retirement benefits—Withdrawal of accumulated contributions—Notice to obligee—Payment to obligee.
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(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 such a request to the department in writing on a form supplied by the department. The request shall be filed by certified o…
RCW 41.50.560 Mandatory assignment of retirement benefits—Petition for order.
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(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 obligor is more than fifteen days past due in spousal maintenance payments and the total of such past due payments is equal to or greater than…
RCW 41.50.570 Mandatory assignment of retirement benefits—Issuance of order.
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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 assignment order as provided in RCW 41.50.590, including the information required in RCW 41.50.580 (1)(a) or (2)(a), dir…
RCW 41.50.580 Mandatory assignment of retirement benefits—Order—Contents.
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(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 spousal maintenance to be withheld from the obligor's periodic retirement benefits each month;(ii) The tota…
RCW 41.50.590 Mandatory assignment of retirement benefits—Order—Form.
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The mandatory benefits assignment order shall be in the following form:IN THE SUPERIOR COURT OF THE STATE OFWASHINGTON IN AND FOR THE COUNTY OF. . . . . . . . . . . . . . . . . . . .. . . ., ObligeeNo. . . . .vs. MANDATORY. . . .,BENEFITS ASSIGNMENTObligorORDER. . . ., The Depart…
RCW 41.50.600 Mandatory assignment of retirement benefits—Duties of department.
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(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 state whether the obligor receives periodic payments from the department of retirement systems, whether the obligor has requested a …
RCW 41.50.610 Mandatory assignment of retirement benefits—Order—Answer—Form.
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The answer of the department shall be made on forms, served on the director with the mandatory benefits assignment order, substantially as follows:IN THE SUPERIOR COURT OF THESTATE OF WASHINGTON IN AND FOR THECOUNTY OF . . . . . . . . . . .. . . .No.. . . .Obligee vs. ANSWER TO. …
RCW 41.50.620 Mandatory assignment of retirement benefits—Order—Service.
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(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 41.50.610, together with stamped envelopes addressed to, respectively, the clerk of the court where the order was issued, the obl…
RCW 41.50.630 Mandatory assignment of retirement benefits—Hearing to quash, modify, or terminate order.
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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 benefits assignment order causes extreme hardship or substantial injustice. Satisfaction by the obligor of all past due payments …
RCW 41.50.640 Mandatory assignment of retirement benefits—Award of costs to prevailing party.
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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 court may award costs to the prevailing party, including an award for reasonable attorneys' fees consistent with RCW 26.09…
RCW 41.50.650 Payments pursuant to court orders entered under prior law.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(1) Notwithstanding RCW 2.10.180(1), 2.12.090(1), * 41.26.180(1), 41.32.052(1), 41.40.052(1), and 43.43.310(1) as those sections existed between July 1, 1987, and July 28, 1991, the department of retirement systems shall make direct paym…
RCW 41.50.660 Mandatory assignment of retirement benefits—Rules.
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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 and to avoid conflicts with any applicable federal or state laws.[ 1987 c 326 s 27.]
RCW 41.50.670 Property division obligations—Direct payments pursuant to court order.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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 payments of retirement benefits to satisfy a property division obligation …
RCW 41.50.680 Property division obligations—Processing fee.
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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) seventy-five dollars or the actual average administrative costs, whichever is less, for the first disbursement made by t…
RCW 41.50.690 Property division obligations—Obligee entitled to statement of obligor's retirement benefits—When.
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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 entitled to direct payment of retirement benefits pursuant to a dissolution order under RCW 41.50.670 …
RCW 41.50.700 Property division obligations—Cessation upon death of obligee or obligor—Payment treated as deduction from member's periodic retirement payment.
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***(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), and 41.34.080, the department's obligation to provide d…
RCW 41.50.710 Property division obligations—Remedies exclusive—Payment pursuant to court order defense against claims.
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(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 for the direct payment of retirement benefits to satisfy a property division obligation pursuant to a disso…
RCW 41.50.720 Payment of benefits—Restraining orders.
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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 any benefits to a member until further order of the court. The department shall not initiate payment of benefits to a member from the…
RCW 41.50.730 Retirement or termination agreement payments—Effect on pension benefits calculation.
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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 to terminate or retire; or notification to the employer of intent to retire; shall affect retirement as follows:(1) If the agreement does …
RCW 41.50.740 Retirement or termination agreement payments—Opportunity to change payment options.
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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 payments made pursuant to an agreement to terminate or retire, or to provide notice of intent to retire, a…
RCW 41.50.750 Retirement or termination agreement payments—Overpayments not required to be repaid.
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(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, shall not be required to repay to the trust funds any overpayments resulting from the employer misreporting, subject…
RCW 41.50.760 Cost-of-living adjustments—Alternative calculation—Election.
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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 of 1995, in lieu of the benefits provided by RCW 41.32.489, 41.32.4872, 41.40.197, and 41.40.1986, if the d…
RCW 41.50.770 Deferred compensation plans.
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(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, or other political subdivision of the state, whether or not covered by civil service; elected and appointed officials …
RCW 41.50.780 Deferred compensation principal and administrative accounts created—Participation in deferred compensation plans—Department's duties.
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(1) The deferred compensation principal account is hereby created in the state treasury.(2) The amount of compensation deferred under 26 U.S.C. Sec. 457 by employees under agreements entered into under the authority contained in RCW 41.50.770 shall be paid into the deferred compe…
RCW 41.50.785 Money-purchase retirement savings principal and administrative accounts created—Participation in money-purchase retirement savings plans—Department's duties.
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(1) The money-purchase retirement savings principal account is hereby created in the state treasury.(2) The amount of compensation deferred under 26 U.S.C. Sec. 401(a) by employees under agreements entered into under the authority contained in RCW 41.50.770 shall be paid into the…
RCW 41.50.790 Survivor benefits—Dissolution orders.
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(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, or 41.40.845 if the department has been served by registered or certified mail with a di…
RCW 41.50.800 Apportionment of budgeted funds of affected agencies.
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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 affected, the state auditor, and the state treasurer. Each of these shall make the appropriate trans…
RCW 41.50.801 Continuation of rules, pending business, contracts, investments, etc.
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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 whose powers, duties, and functions are transferred to the department by this chapter shall be continued and acted upon by the d…
RCW 41.50.802 Transfer of reports, documents, etc., property, funds, assets, appropriations, etc.
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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 shall be made available to the department and to the state actuary.All cabinets, furniture, office equ…
RCW 41.50.803 Savings.
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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 43.17.010, 43.17.020, or * 43.33.070 except as to the governmental agencies referred to and their officials and employees, …
RCW 41.50.810 Blind mailings to retirees—Restrictions.
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(1) Any organization that exclusively provides representation or services to retired members of the Washington state retirement systems and has membership dues deducted through the department of retirement systems has the right to request the department to assist in doing blind m…
RCW 41.50.901 Effective date—1987 c 326.
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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 institutions, and shall take effect July 1, 1987.[ 1987 c 326 s 29.]
RCW 41.50.902 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …