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WAC 415-104-202

Survivor benefit optionsLEOFF Plan 1.

(1) To whom does this section apply? This section applies to you if you are a retiree of LEOFF Plan 1.
(2) What are flexible survivor benefit options? RCW 41.26.164 allows a retiree to provide a survivor option for a spouse who is not eligible for survivor benefits under RCW 41.26.160 or 41.26.161. The survivor option will provide a lifetime benefit for the spouse after the retiree's death.
(3) How will my monthly retirement benefit be affected by selecting a flexible survivor option? Your monthly retirement benefit will be actuarially reduced beginning the first month following the month in which the department receives the completed form.
(4) What are the flexible survivor option choices?
(a) Joint and whole benefit option. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, the department will pay your surviving spouse a monthly benefit equal to the gross monthly retirement benefit you were receiving.
(b) Joint and one-half benefit option. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, the department will pay your surviving spouse a monthly benefit equal to one-half of the gross monthly retirement benefit you were receiving.
(c) Joint and two-thirds benefit option. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, the department will pay your surviving spouse a monthly benefit equal to two-thirds (66.667%) of the gross monthly retirement benefit you were receiving.
(5) Do I qualify to add a flexible survivor option? You may select a flexible survivor option if:
(a) Your current spouse is not eligible for survivor benefits under RCW 41.26.160 or 41.26.161;
(b) Some portion of your monthly retirement benefit is payable to you, after any reduction pursuant to a property division obligation under RCW 41.50.670; and
(c) You meet the deadline and application requirements in subsection (6) of this section.
(6) How do I add a flexible survivor option? You may select a flexible survivor option and name your current spouse as your survivor beneficiary, provided that:
(a) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of the marriage, or as otherwise authorized by law;
(b) You provide a copy of your certified marriage certificate to the department;
(c) You provide proof, satisfactory to the department, of your current spouse's birth date; and
(d) You file the properly completed forms with the department in a timely manner.
(7) May I remove the flexible survivor option in the future? Your choice of a flexible survivor option is irrevocable with the following exceptions:
(a) Your spouse dies before you; or
(b) You and your spouse divorce.
See subsection (8) of this section.
(8) What happens if my spouse dies before me, or if we divorce? If your spouse dies before you, or if you divorce, your monthly retirement benefit will increase, effective the first day of the following month. Your increased monthly benefit will be the amount you would have received had you not chosen a flexible survivor option plus any cost-of-living adjustments (COLA) you received prior to your spouse's death.
(9) What happens to my eligible surviving children's share if I select a flexible survivor option? There is no impact to the benefit provided under RCW 41.26.160 or 41.26.161 to surviving children if you select a flexible survivor option.
(10) Actuarial information. See chapter 415-02 WAC starting with WAC 415-02-300 for information on how the department uses actuarial factors and schedules to calculate retirement benefits.
Terms used in this section:
(a) Child or children - RCW 41.26.030(7).
(b) Eligible surviving child - RCW 41.26.160 and 41.26.161.
(c) Eligible surviving spouse - RCW 41.26.161 and 41.26.162.
(d) Surviving spouse - RCW 41.26.030(6).
[Statutory Authority: RCW 41.50.050(5). WSR 17-02-033, § 415-104-202, filed 12/28/16, effective 1/28/17; WSR 13-18-034, § 415-104-202, filed 8/28/13, effective 10/1/13. Statutory Authority: RCW 41.50.050(5), 41.26.164. WSR 05-22-110, § 415-104-202, filed 11/2/05, effective 12/3/05. Statutory Authority: RCW 41.50.050(5), 41.26.162, 41.26.164, chapter 41.45 RCW. WSR 03-12-014, § 415-104-202, filed 5/27/03, effective 7/1/03.]
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