WSR 20-06-040
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed February 27, 2020, 3:18 p.m., effective March 29, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Implementing chapter 102, Laws of 2019 (HB 1408), revising the written consent requirement for survivor benefit options; and clarifying the impact to the benefit if a survivor predeceases the retiree.
Citation of Rules Affected by this Order: Repealing WAC 415-104-211, 415-108-324 and 415-110-324; and amending WAC 415-02-380, 415-104-202, 415-104-215, 415-106-500, 415-106-600, 415-106-610, 415-108-326, 415-108-436, 415-110-436, 415-110-610, 415-112-504, 415-112-505, 415-112-507, 415-103-215, and 415-103-225.
Statutory Authority for Adoption: RCW 41.50.050.
Adopted under notice filed as WSR 20-03-171 on January 22, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 3.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 9, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 15, Repealed 3.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 27, 2020.
Tracy Guerin
Director
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-02-380How will my retirement benefit be affected if I choose a ((benefit option with a survivor feature))survivor option?
((This section applies to LEOFF Plans 1 and 2; PERS Plans 1, 2, and 3; PSERS; SERS Plans 2 and 3; TRS Plans 1, 2, and 3; and WSPRS Plans 1 and 2.))If you choose a survivor benefit option, your benefit will be affected as described in this section.
(1) What is a survivor ((feature))benefit option? A survivor ((feature is a)) benefit option ((that provides))will pay a lifetime monthly benefit ((for))to your survivor beneficiary after your death.
(2) What is a survivor beneficiary? A survivor beneficiary is the person you ((name at the time of retirement))designate to receive a lifetime monthly benefit after your death.
(3) What benefit options ((include a survivor feature))are available?All available benefit options, including survivor benefit options, are described in detail for each system and plan in the following state laws and ((regulations))agency rules:
LEOFF Plan 1:
WAC 415-104-202
LEOFF Plan 2:
WAC 415-104-215
PERS Plan 1:
WAC 415-108-326
PERS Plan 2:
WAC 415-108-326
PERS Plan 3:
WAC 415-108-326
PSERS:
WAC 415-106-600
SERS Plans 2 and 3:
WAC 415-110-610
TRS Plan 1:
WAC 415-112-504
TRS Plan 2:
WAC 415-112-505
TRS Plan 3:
WAC 415-112-505
WSPRS Plan 1:
WAC 415-103-215
WSPRS Plan 2:
WAC 415-103-225
(4) How will selecting a survivor benefit option ((with a survivor feature)) affect my monthly retirement benefit? If you select a survivor benefit option ((that has a survivor feature,)) your monthly retirement benefit will be ((actuarially)) reduced to offset the cost of ((the survivor feature))potentially paying the benefit for a longer period of time. The reduction will be based on survivor option factors that are available on the DRS website.
(5) Does my survivor beneficiary's age affect how much my monthly retirement benefit will be reduced? Yes. Your survivor beneficiary's age is used in determining the amount of your monthly retirement benefit and the benefit of your survivor beneficiary. The younger the survivor beneficiary, the longer ((he or she is))they are expected to receive a benefit. Your monthly benefit will be reduced accordingly.
(a) Example:
Kendra, a PERS Plan 2 member, chooses Option 3 (joint and 50 percent survivorship) at retirement. Her monthly Option 1 nonsurvivor benefit amount ((before adding a survivor option feature)), which would stop at the time of her death, is $2,000.00. She names her nephew, Steve, as her survivor beneficiary. This means, if Kendra dies before Steve, Steve will receive a monthly benefit equal to half the amount Kendra was receiving. Steve is 30 years younger than Kendra. The department will ((calculate the adjustment to))reduce Kendra's monthly retirement benefit ((by)) using the survivor option factor ((associated with a 30-year age difference in which the member is))for a member who is 30 years older than the beneficiary. For illustration purposes in this example only, we will use 0.776 as the corresponding Option 3 benefit factor (actuarial factors change periodically). As a result, Kendra's Option 3 monthly benefit amount will be $1,552.00 ($2,000.00 x 0.776).
(b) Example:
Mark, a LEOFF Plan 2 member, chooses Option 2 (joint and 100 percent survivorship) at retirement. His monthly Option 1 nonsurvivor benefit amount ((before adding a survivor option feature)), which would stop at the time of his death, is $2,000.00. He names his wife, Susan, as his survivor beneficiary. This means, if Mark dies before Susan, Susan will receive a monthly benefit equal to the amount Mark was receiving. Mark is five years younger than Susan. The department will ((calculate the adjustment to))reduce Mark's monthly retirement benefit ((by)) using the survivor option factor ((that corresponds with a 5-year age difference in which the member is))for a member who is five years younger than the beneficiary. For illustration purposes in this example only, we will use 0.898 as the corresponding Option 2 benefit factor (actuarial factors change periodically). As a result, Mark's Option 2 monthly benefit amount will be $1,796.00 ($2,000.00 x 0.898).
(6) What if my survivor beneficiary passes away before I do? If you are receiving a reduced benefit with a survivor option and your survivor passes away before you do, you may request to have your benefit increased to the Option 1 nonsurvivor amount. Your benefit increase will be effective the first of the month following your survivor's passing. DRS may require a copy of your survivor's certified death certificate.
(a) How will my new benefit amount be calculated?
(i) If you retired on or after January 1, 1996, and are not a member of LEOFF Plan 1, or if you are a member of WSPRS Plan 1 regardless of your retirement date, your new benefit amount will be calculated as follows:
Your original Option 1 nonsurvivor benefit amount
+ the sum of Cost of Living Adjustments (COLAs) added
to your benefit prior to your survivor's death
(ii) If you retired prior to January 1, 1996, and are not a member of WSPRS Plan 1, or if you are a member of LEOFF Plan 1 regardless of your retirement date, your new benefit amount will be calculated as follows:
Benefit Amount ÷ the Administrative Factor
The "benefit amount" is your retirement benefit as of July 1, 1998, or as of the date of your survivor's death, whichever is later.
The "administrative factor" is the rate that was used to calculate your reduced benefit for the continuing survivor option. If you retired prior to January 1, 1996, the administrative factor is the rate that was in effect on July 1, 1998, and is available for reference on the DRS website.
(b) If you are a PERS Plan 1 member receiving "state-funded long-term care services" as defined in RCW 41.40.189, you are not eligible for the increase described in this subsection if it would make you ineligible for the state-funded long-term care services. You must notify DRS to waive the increase if this applies to you.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-103-215What are the WSPRS Plan 1 retirement benefit options?
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 ((feature))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 ((feature))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's monthly retirement benefit increases, effective the first day of the following month, to:
(i) The amount that the retiree would have received had the retiree chosen Option A at retirement; plus
(ii) Any cost of living adjustments (COLA) the retiree received prior to the divorce or the spouse's death.
(c) Pop-up recalculation example:
Option B: When Bob retired in September 2010, his Option A monthly benefit was $3,000. He selected Option B so that his spouse, Linda, would receive his monthly benefit and COLA after he dies. Bob is 5 years younger than Linda. For illustration purposes in this example, 0.967 is being used as the Option B actuarial reduction factor (actuarial factors change periodically). As a result, the department calculated Bob's Option B benefit amount by multiplying $3,000 (Option A) by 0.967. Bob's Option B monthly benefit amount at retirement was $2,901. Bob received his first COLA on July 1, 2012, in the amount of $87.03. Bob's monthly benefit amount with the COLA was $2,988.03.
Linda died in September 2012. Under the "pop-up" provision, Bob's monthly benefit increased in October 2012 to a total of $3,087.03. His new benefit amount included the $3,000 he would have received had he originally chosen Option A, plus the COLA he received in 2012 ($87.03).
(d) If a retiree whose benefit increases under this subsection dies and there is no eligible child, all benefit payments end. 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 (d)(i) of this subsection is living or in existence at the time of the retiree's death.
(6) See chapter 415-02 WAC starting with WAC 415-02-300 for information on how the department uses factors and schedules to calculate retirement benefits.
(7) Terms used in this section:
"Pop-up" - See WAC 415-02-030))retiree may request to have their benefit increased as described in WAC 415-02-380 (6)(a)(i).
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-103-225What are my WSPRS Plan 2 retirement benefit options?
This section applies to WSPRS Plan 2 members. Upon retirement for service under RCW 43.43.250, you must choose to have your monthly retirement ((allowance))benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b) through (d) of this section include a survivor ((feature))option. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." Upon your death your survivor beneficiary will be entitled to receive a monthly ((allowance))benefit for the duration of his or her life. Your monthly retirement ((allowance))benefit will be actuarially reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance))benefit is affected by choosing a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance))benefit (((no survivor))nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your life. Your monthly ((allowance))benefit will cease upon your death.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the))fifty percent of your gross monthly ((retirement allowance you were receiving))benefit.
(d) Option four: Joint and two-thirds ((allowance))survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667 percent) of ((the))your gross monthly ((retirement allowance you were receiving))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 submit your spouse's notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 43.43.271(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 43.43.271(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 thirty 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 ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death. Your increased monthly allowance will be:
(a) The amount you would have received had you chosen the standard allowance option at the time of retirement; plus
(b) Any cost-of-living adjustments (COLAs) you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
John retired from WSPRS in 2008. John chose a benefit option with a survivor feature and named Beatrice, his daughter, as his survivor beneficiary. As a result, John's monthly allowance was reduced from $2,000 (standard allowance) to $1,750. Beatrice died in 2013. John's monthly allowance will increase to $2,191.05, which equals the amount he would have received had he chosen the standard allowance option, plus the COLAs he has received (based on his prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
2008
2,000.00
1,750.00
 
0.00
 
2009
 
1,750.00
 
.02
35.00
 
2010
 
1,785.00
 
.03
53.55
 
2011
 
1,838.55
 
.025
45.96
 
2012
 
1,884.51
 
.03
56.54
 
2013
2,000.00
1,941.05
 
 
 
 
Total COLAs
191.05
 
Original Monthly Allowance
+ Total COLAs
= New Monthly
Allowance
$2000
+ $191.05
= $2,191.05*
 
*
In the future, John's COLA will be based on his increased monthly allowance.))
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 three 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 ((allowance))benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor ((feature))option and name your current spouse as survivor, 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 ((feature))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 ((allowance))benefit. You may exercise this option one time only.
(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 ((allowance))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 your 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 ((allowance))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 43.43.271.
AMENDATORY SECTION(Amending WSR 17-02-033, filed 12/28/16, effective 1/28/17)
WAC 415-104-202((Survivor benefit optionsLEOFF Plan 1.))What are my LEOFF Plan 1 retirement benefit options?
(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)))(2)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)))(3)What are the flexible survivor option choices?
(a) Joint and ((whole))one hundred percent survivor 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))fifty percent survivor 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 will receive a gross monthly benefit equal to ((one-half of the))fifty percent of your gross monthly ((retirement)) benefit ((you were receiving)).
(c) Joint and two-thirds survivor 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 will receive a gross monthly benefit equal to two-thirds (66.667%) of ((the))your gross monthly ((retirement)) benefit ((you were receiving)).
(((5)))(4)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)))(5) of this section.
(((6)))(5)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)))(6)May I remove the flexible survivor option in the future?((Your choice of a))You may remove your flexible survivor option ((is irrevocable with the following exceptions))under the following circumstances:
(a) Your spouse dies before you((; or)). Your benefit may be increased as described in WAC 415-02-380 (6)(a)(ii).
(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))If you choose to remove your former spouse as your survivor, your benefit will increase to 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))removing your survivor.
(((9)))(7)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)))(8)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.
(9)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).
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-104-215What are my LEOFF Plan 2 retirement benefit options((LEOFF Plan 2))?
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 ((allowance))benefit for duty disability under RCW 41.26.470, you must choose to have your monthly retirement ((allowance))benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b) through (d) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is))benefit will be affected ((by choosing))if you choose a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance (no survivor feature))benefit (nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((allowance))benefit will cease upon your death.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the))fifty percent of your gross monthly ((retirement allowance you were receiving))benefit.
(d) Option four: Joint and two-thirds ((allowance))benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the))your gross monthly ((retirement allowance you were receiving))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 notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty 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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty 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 thirty 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 ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death.
(a) Members who retire on or after January 1, 1996. Your increased monthly allowance will be:
(i) The amount you would have received had you chosen the standard allowance option at the time of retirement; plus
(ii) Any cost-of-living adjustments (COLAs) you received prior to your survivor beneficiary's death based on your original option selection.
Example:
Agnes retires in 1996. She chooses a benefit option with a survivor feature and names Beatrice, her daughter, as her survivor beneficiary. As a result, Agnes's monthly allowance is reduced from $2,000 (standard allowance) to $1,750. Beatrice dies in January 2001. Agnes's monthly allowance will increase to $2,191.05, which equals the amount she would have received had she chosen the standard allowance option, plus the COLAs she has received (based on her prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
1996
2,000.00
1,750.00
 
 
0.00
 
1997
 
1,750.00
 
.02
 
35.00
 
1998
 
1,785.00
 
.03
 
53.55
 
1999
 
1,838.55
 
.025
 
45.96
 
2000
 
1,884.51
 
.03
 
56.54
 
2001
2,000.00
1,941.05
 
 
 
 
 
Total COLAs
191.05
 
Original Option One Monthly Allowance
+ Total
COLAs
= New Monthly
Allowance
 
$2000
+ $191.05
= $2,191.05*
 
*
In the future, Agnes's COLA will be based on her increased monthly allowance.
(b) Members who retired before January 1, 1996. Your monthly retirement allowance will be adjusted according to the provisions of RCW 41.26.460(3).))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 three 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 ((allowance))benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor ((feature))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 ((feature))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 ((allowance))benefit. You may exercise this option one time only.
(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 ((allowance))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 ((allowance))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.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 415-104-211
Married LEOFF Plan 2 member's benefit selection—Spousal consent required.
AMENDATORY SECTION(Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)
WAC 415-106-500PSERS disability benefits.
This section covers disability benefits provided for in RCW 41.37.230. Disability provisions are designed primarily to provide an income to members who have been forced to leave the workforce because of an incapacitating disability. This section applies equally to on-the-job or off-the-job injuries and/or illnesses.
Members may also be eligible for benefits from the Washington state departments of labor and industries (workers' compensation benefits) and social and health services, the U.S. Social Security Administration, employers, disability insurers, and others. Please contact these organizations directly for more information.
(1) Am I eligible for disability benefits? You are eligible for disability benefits if, at the time of your separation from employment, you are totally incapacitated to perform the duties of your job or any other PSERS position for which you are qualified by training or experience. Objective medical evidence is required to establish total incapacitation. Vocational and/or occupational evidence may be required at the discretion of the department.
(2) If eligible, what will I receive as a monthly disability allowance?
(a) If you have at least ten years of service credit in PSERS, you will receive a monthly allowance equal to two percent of your AFC times your service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty. Your monthly allowance may be further reduced to offset the cost of the benefit option you choose. See WAC 415-106-600.
(b) If you have less than ten years of service credit, you will receive a monthly allowance1 equal to two percent of your AFC times your service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty-five. Your monthly allowance may be further reduced to offset the cost of the benefit option you choose. See WAC 415-106-600.
1You may choose to receive a lump sum payment instead of a monthly allowance if your initial monthly allowance will be less than fifty dollars. See RCW 41.37.200.
See WAC 415-02-320 for early retirement factors and examples.
(3) How do I apply?
(a) You or your representative must contact the department to request an application. The three-part application must be completed by the proper persons and returned to the department.
(i) Part 1: Disability retirement application. ((You must complete and sign the application.)) If you are married, your ((spouse must sign consent to the benefit option you select. You, and your spouse if you are married, must have your signatures notarized))spouse's consent may be required as described in WAC 415-106-600.
(ii) Part 2: Employer's statement and report. Your employer must complete and sign Part 2, and return it directly to the department.
(iii) Part 3: Medical report. You must complete section one. Your physician must complete the remainder of the form, attach supporting documentation, sign and return it directly to the department. You are responsible for all medical expenses related to your application for benefits. A copy of your job description must be provided to the physician at time of examination.
(b) When the department receives Part 1 of your application, you are considered to be an applicant for disability benefits. However, your eligibility will not be determined until the department receives all three parts of the application.
(4) What is the time limit for filing an application for disability benefits? There is no time limit for applying for benefits. However, if you have separated from employment, your application must be based on your condition at the time of separation.
(5) If I am eligible to retire, may I still apply for disability benefits? Yes, however, you should request a benefit estimate from the department, as there may be a difference in the dollar amount of your monthly allowance.
(6) Once my application is approved, when will my monthly allowance begin?
(a) Your disability allowance will accrue from the first day of the calendar month immediately following your separation from employment. If you are continuing to earn service credit while on paid leave or through programs such as shared leave, you are not considered to be separated from employment.
(b) Your first payment will include all retroactive benefits to which you are entitled.
(c) Department approval will expire ninety days after the approval date if you have not officially separated from PSERS employment.
(i) If you are continuing to perform the duties of your position or another PSERS position, you may reapply for disability benefits according to subsection (3) of this section if your condition worsens.
(ii) If you are on leave, the department may reinstate approval upon your request and your employer's verification of your leave status.
(7) What are my options if my application is denied?
(a) You may submit additional information that shows you were totally incapacitated at the time of your separation from employment.
(b) If you continue to work in a PSERS position, you may reapply for disability benefits at a later time if your condition worsens.
(c) You may petition for review of the department's decision according to the provisions of chapter 415-04 WAC.
(8) Are my disability benefits taxable? You should consult with your tax advisor regarding all questions of federal or state income, payroll, personal property or other tax consequences regarding any payments you receive from the department. The department does not:
(a) Guarantee that payments should or should not be designated as exempt from federal income tax;
(b) Guarantee that it was correct in withholding or not withholding taxes from disability payments;
(c) Represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will occur because of its nontaxable determination; or
(d) Assume any liability for your compliance with the Internal Revenue Code.
(9) Are disability benefits subject to court or administrative orders? Your benefits may be subject to orders for spousal maintenance, child support, property division, or any other administrative or court order expressly authorized by federal law. For more information, see RCW 41.37.090(3) or contact the department.
(10) Am I eligible for disability benefits if my disability is the result of my criminal conduct? No. See RCW 41.37.100.
(11) How is my disability benefit affected if I am a member of more than one retirement system? If you are a member of more than one retirement system, your benefit is governed by portability law. See chapters 41.54 RCW and 415-113 WAC. You may apply for disability only from your active system. However, if you qualify for a disability benefit from your active system, you will also be eligible for a service retirement calculated under the laws governing the inactive system.
(12) How long will I continue to receive a monthly disability allowance? You may receive a monthly allowance throughout your lifetime, subject to the provisions of subsection (13) of this section.
(13) Is it possible to lose my monthly disability allowance after I begin receiving it?
(a) The department may, at its expense, require comprehensive medical examinations to reevaluate your eligibility for disability benefits. You will no longer be eligible to receive a disability allowance if both of the following apply:
(i) Medical evidence indicates you have recovered from the disability for which the department granted your disability benefits; and
(ii) You have been offered reemployment by an employer, as defined in RCW 41.37.010(4), at a comparable compensation.
(b) If you return to employment and reenter PSERS membership, your benefits will cease.
(14) If I take my disability benefit in a lump sum and return to work, may I restore my service credit? Yes, you may restore your service credit if you take a lump sum benefit and return to PSERS membership at a later date.
(a) You may restore your service credit within two years of reentering membership or prior to retirement, whichever comes first. You must pay back the lump sum amount you received, minus the monthly amount for which you were eligible, plus interest as determined by the director.
(b) If you restore your service after two years, you will have to pay the actuarial value of the resulting increase in your future retirement benefit. See RCW 41.50.165 and 41.37.200.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-106-600What are my retirement benefit options?
Upon retirement for service under RCW 41.37.210 or retirement for disability under RCW 41.37.230, you must choose to have your retirement ((allowance))benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b) through (d) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is))benefit will be affected ((by choosing))if you choose a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance (no survivor feature))benefit (nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((retirement allowance))benefit will cease upon your death.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary ((a monthly allowance))will receive a gross monthly benefit equal to ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary ((a))will receive a gross monthly ((allowance))benefit equal to ((one-half of the))fifty percent of your gross monthly ((retirement allowance you were receiving))benefit.
(d) Option four: Joint and two-thirds ((allowance))survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the gross monthly retirement allowance you were receiving))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 notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.37.170(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.37.170(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 thirty 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 ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will accrue from the first day of the month following the death. Your increased monthly allowance will be:
(a) The amount you would have received had you chosen the standard allowance option at the time of retirement; plus
(b) Any cost-of-living adjustments (COLAs) you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
John retires from PSERS in 2006. John chooses a benefit option with a survivor feature and names Beatrice, his daughter, as his survivor beneficiary. As a result, John's monthly allowance is reduced from $2,000 (standard allowance) to $1,750. Beatrice dies in 2011. John's monthly allowance will increase to $2,191.05, which equals the amount he would have received had he chosen the standard allowance option, plus the COLAs he has received (based on his prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
2006
2,000.00
1,750.00
 
 
0.00
 
2007
 
1,750.00
 
.02
 
35.00
 
2008
 
1,785.00
 
.03
 
53.55
 
2009
 
1,838.55
 
.025
 
45.96
 
2010
 
1,884.51
 
.03
 
56.54
 
2011
2,000.00
1,941.05
 
 
 
 
 
Total
COLAs
191.05
 
Original Option One Monthly Allowance
+ Total
COLAs
= New Monthly
Allowance
 
$2000
+ $191.05
 
= $2,191.05))
 
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 three exceptions:
(a) Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW 41.37.050(3).
(b) Postretirement marriage option. If you select the standard ((allowance))benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option ((with a survivor feature)) 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 survivor benefit option ((with a survivor feature)) and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard ((allowance))benefit. You may exercise this option one time only.
(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 ((allowance))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 your 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 ((allowance))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. See RCW 41.37.170.
AMENDATORY SECTION(Amending WSR 16-21-059, filed 10/14/16, effective 11/14/16)
WAC 415-106-610How do I apply for retirement benefits?
You should apply for retirement benefits at least thirty days before your intended retirement date. You can apply online at the department's website or by submitting to the department:
(1) A completed, signed and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-106-600.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's ((notarized signature indicating consent to the retirement option you selected.
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-106-600 (2)(c), option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.37.170 (2)(a).
(ii) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date))consent may be required as described in WAC 415-106-600.
(2) Evidence of your birth date, only if requested by the department, such as a photocopy of your birth certificate, passport or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department. If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-108-326What are my retirement benefit options?
Upon retirement for service under RCW 41.40.180, 41.40.630, or 41.40.820, or for disability under RCW 41.40.210, 41.40.230, 41.40.670, or 41.40.825, you must choose to have the defined benefit portion of your retirement ((allowance))benefit paid to you by one of the options described in this section. If you are a Plan 1 member, you may also select an optional supplemental cost of living adjustment (COLA).
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b) through (d) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is affected by choosing))benefit will be affected if you choose a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance (no survivor feature)))benefit (nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((allowance))benefit will cease upon your death.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the gross monthly retirement allowance you were receiving))your gross monthly benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the gross monthly retirement allowance you were receiving))fifty percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds ((allowance (available to members retiring on or after January 1, 1996).))survivor benefit.1 The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the gross monthly retirement allowance you were receiving))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 notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.40.188, 41.40.660 and 41.40.845.
(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.40.188, 41.40.660 and 41.40.845.
(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 thirty 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 is the supplemental COLA option for Plan 1 members? If you are a Plan 1 member, in addition to choosing a retirement benefit option described in subsection (2) of this section, you may choose to receive a supplemental annual COLA. If you select this option, your monthly retirement ((allowance))benefit will be actuarially reduced to offset the cost of this benefit.
(6) What happens if I choose a benefit ((option)) with a survivor ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death.
(a) Members who retired on or after January 1, 1996. Your increased benefit will be:
(i) The amount you would have received had you chosen the standard allowance option at the time of retirement; plus
(ii) Any COLAs you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
Agnes retires from PERS Plan 2 in 1996. She chooses a benefit option with a survivor feature and names Beatrice, her daughter, as her survivor beneficiary. As a result, Agnes's monthly allowance is reduced from $2,000 (standard allowance) to $1,750. Beatrice dies in 2001. Agnes's monthly allowance will increase to $2,191.05, which equals the amount she would have received had she chosen the standard allowance option, plus the COLAs she has received (based on her prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
1996
2,000.00
1,750.00
 
 
0.00
 
1997
 
1,750.00
 
.02
 
35.00
 
1998
 
1,785.00
 
.03
 
53.55
 
1999
 
1,838.55
 
.025
 
45.96
 
2000
 
1,884.51
 
.03
 
56.54
 
2001
2,000.00
1,941.05
 
 
 
 
 
Total
COLAs
191.05
 
Original Monthly
Allowance
+ Total
COLAs
= New Monthly
Allowance
 
$2000
+ $191.05
 
= $2,191.05*
 
*
In the future, Agnes's COLA will be based on her increased monthly allowance.
(b) Members who retire before January 1, 1996. Your monthly retirement allowance will be adjusted according to the provisions of RCW 41.40.188(3) (Plan 1) or RCW 41.40.660(3) (Plan 2).))If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(7) May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following three exceptions:
(a) Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW 41.40.037.
(b) Postretirement marriage option. If you select the standard ((allowance))benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option ((with a survivor feature)) 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 survivor benefit option ((with a survivor feature)) and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard ((allowance))benefit. You may exercise this option one time only.
(8) Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 1 and 2 members:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) 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.
(B) 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.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3 members: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement ((allowance))benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
(9) For more information, see RCW 41.40.188 (Plan 1), RCW 41.40.660 (Plan 2) and RCW 41.40.845 (Plan 3).
1
Available to members retiring on or after January 1, 1996.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-108-436PERS Plans 2 and 3 disability benefits.
This section covers disability benefits provided for in RCW 41.40.670 and 41.40.825 for members of PERS Plans 2 and 3. Disability provisions are designed primarily to provide an income to members who have been forced to leave the workforce because of an incapacitating disability. This section applies equally to on- or off-the-job injuries and/or illnesses.
Members may also be eligible for benefits from the Washington state departments of labor and industries (workers' compensation benefits) and social and health services, the U.S. Social Security Administration, employers, disability insurers, and others. Please contact these organizations directly for more information.
(1) Am I eligible for disability benefits? You are eligible for a disability allowance if, at the time of your separation from employment, you are totally incapacitated to perform the duties of your job or any other position for a PERS employer for which you are qualified by training or experience. Objective medical evidence is required to establish total incapacitation. Vocational and/or occupational evidence may be required at the discretion of the department.
(2) If eligible, what will I receive as my monthly disability benefits under the standard option?
(a) If you are a Plan 2 member, you will receive two percent times average final compensation (AFC) times service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty-five. See WAC 415-02-320 for more information on early retirement.
(b) If you are a Plan 3 member, you will receive a defined benefit of one percent times average final compensation times service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty-five. See WAC 415-02-320 for more information on early retirement.
(c) The degree of your disability or impairment will not impact the amount of your disability benefit.
(3) May I choose a benefit option that provides a monthly allowance to my survivor beneficiary? You may choose to have your benefit paid according to any of the benefit options described in WAC 415-108-326. If you choose an option with a survivor ((feature))benefit, your monthly benefit will be ((actuarially)) reduced to offset the cost of the survivor option.
(4) How do I apply?
(a) You or your representative must contact the department to request an application. The three-part application must be completed by the proper persons and returned to the department.
(i) Part 1: Disability retirement application. You must complete((,))and sign ((and have notarized))the application. If you are married, your ((spouse must sign consent of the benefit option you choose))spouse's consent may be required as described in WAC 415-108-326.
(ii) Part 2: Employer's statement and report. Your employer must complete, sign and return directly to the department.
(iii) Part 3: Medical report. You must complete section one. Your physician must complete the remainder of the form, attach supporting documentation, sign and return directly to the department. You are responsible for all medical expenses related to your application for benefits.
(b) When the department receives Part 1 of your application, you are considered to be an applicant for disability benefits. However, your eligibility will not be determined until the department receives all three parts of the application.
(5) What is the time limit for filing an application for disability benefits? There is no time limit for applying for benefits. However, if you have separated from employment, your application must be based on your condition at the time of separation.
(6) If I am eligible to retire, may I still apply for disability benefits? Yes, however, there will be no difference in the dollar amount of your benefit.
(7) Once my application is approved, when will my benefit begin?
(a) You will start accruing disability benefits the first day of the calendar month immediately following your separation from employment. If you are continuing to earn service credit while on paid leave or through programs such as shared leave, you are not considered to be separated from employment.
(b) Your first benefit payment will include all retroactive benefits to which you are entitled.
(c) Department approval will expire ninety days after the approval date if you have not officially separated from PERS employment.
(i) If you are continuing to perform the duties of your position or another PERS position, you may reapply for disability benefits according to subsection (4) of this section if your condition worsens.
(ii) If you are on leave, the department may reinstate approval upon your request and your employer's verification of your leave status.
(8) What are my options if my application is denied?
(a) You may submit additional information that shows you were totally incapacitated at the time of your separation from employment.
(b) If you continue to work in a PERS position, you may reapply for disability benefits at a later time if your condition worsens.
(c) You may petition for review of the department's decision according to the provisions of chapter 415-04 WAC.
(9) What information must be provided to the department if I am receiving disability benefits?
(a) You and your doctor must report any improvement in your condition; and
(b) You must report the name of your employer and monthly salary if you resume employment, regardless of the number of hours you work.
(10) How long will my disability benefits last? You may receive benefits throughout your lifetime, subject to the provisions of subsection (15) of this section.
(11) Are my disability benefits taxable? You should consult with your tax advisor regarding all questions of federal or state income, payroll, personal property or other tax consequences regarding any payments you receive from the department. The department does not:
(a) Guarantee that payments should or should not be designated as exempt from federal income tax;
(b) Guarantee that it was correct in withholding or not withholding taxes from disability payments;
(c) Represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will occur because of its nontaxable determination; or
(d) Assume any liability for your compliance with the Internal Revenue Code.
(12) Are disability benefits subject to court or administrative orders? Your benefits may be subject to orders for spousal maintenance, child support, property division, or any other administrative or court order expressly authorized by federal law. For more information, see RCW 41.40.052(3) or contact the department.
(13) Am I eligible for disability benefits if my disability is the result of my criminal conduct committed after April 21, 1997? No. For more information, see RCW 41.40.054.
(14) How is my disability benefit affected if I am a member of more than one retirement system? If you are a member of more than one retirement system, your benefit is governed by portability law (see chapters 41.54 RCW and 415-113 WAC). You may apply for disability only from your active system. However, if you qualify for a disability benefit from your active system, you will also be eligible for a service retirement calculated under the laws governing the inactive system.
(15) Is it possible to lose my disability benefits after I begin receiving them?
(a) The department may, at its expense, require comprehensive medical examinations to reevaluate your eligibility for disability benefits. You will no longer be eligible to receive disability benefits if both of the following apply:
(i) Medical evidence indicates you have recovered from the disability for which the department granted your disability benefits; and
(ii) You have been offered reemployment by an employer, as defined in RCW 41.40.010 (4)(b), at a comparable compensation.
(b) If you return to employment and reenter PERS membership, your benefits will cease.
(16) If I take my disability benefit in a lump sum and return to work, may I restore my service credit? Yes, you may restore your service credit if you take a lump sum benefit and return to PERS membership at a later date.
(a) You may restore your service credit within two years of reentering membership or prior to retirement, whichever comes first. You must pay back the lump sum amount you received, minus the monthly amount for which you were eligible, plus interest as determined by the director.
(b) If you restore your service after two years, you will have to pay the actuarial value of the resulting increase in your future retirement benefit. See RCW 41.50.165.
(c) The provisions for restoring service credit vary according to retirement plan.
(i) If you are a member of PERS Plan 2, see RCW 41.40.625.
(ii) If you are a member of PERS Plan 3, see RCW 41.40.815.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 415-108-324
I am married—Do I need my spouse's consent on the retirement option I choose?
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-110-436SERS Plans 2 and 3 disability benefits.
This section covers disability benefits provided for in RCW 41.35.440 and 41.35.690 for members of SERS Plans 2 and 3. Disability provisions are designed primarily to provide an income to members who have been forced to leave the workforce because of an incapacitating disability. This section applies equally to on- or off-the-job injuries and/or illnesses. Members may also be eligible for benefits from the Washington state departments of labor and industries (workers' compensation benefits) and social and health services, the U.S. Social Security Administration, employers, disability insurers, and others. Please contact these organizations directly for more information.
(1) Am I eligible for disability benefits? You are eligible for a disability allowance if, at the time of your separation from employment, you are totally incapacitated to perform the duties of your job or any other position for a SERS employer for which you are qualified by training or experience. Objective medical evidence is required to establish total incapacitation. Vocational and/or occupational evidence may be required at the discretion of the department.
(2) If eligible, what will I receive as my monthly disability benefits under the standard option?
(a) If you are a Plan 2 member, you will receive two percent times average final compensation (AFC) times service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty-five. See WAC 415-02-320 for more information on early retirement.
(b) If you are a Plan 3 member, you will receive a defined benefit of one percent times average final compensation times service credit years, permanently actuarially reduced to reflect the difference in the number of years between your age when you separate for disability and age sixty-five. See WAC 415-02-320 for more information on early retirement.
(c) The degree of your disability or impairment will not impact the amount of your disability benefit.
(3) May I choose a benefit option that provides a monthly allowance to my survivor beneficiary? You may choose to have your benefit paid according to any of the benefit options described in WAC 415-110-326. If you choose an option with a survivor ((feature))benefit, your monthly benefit will be ((actuarially)) reduced to offset the cost of the survivor option.
(4) How do I apply?
(a) You or your representative must contact the department to request an application. The three-part application must be completed by the proper persons and returned to the department.
(i) Part 1: Disability retirement application. You must complete((,))and sign ((and have notarized))the application. If you are married, your ((spouse must sign))spouse's consent ((of the benefit option you choose))may be required as described in WAC 415-110-610.
(ii) Part 2: Employer's statement and report. Your employer must complete, sign and return directly to the department.
(iii) Part 3: Medical report. You must complete section one. Your physician must complete the remainder of the form, attach supporting documentation, sign and return directly to the department. You are responsible for all medical expenses related to your application for benefits.
(b) When the department receives part 1 of your application, you are considered to be an applicant for disability benefits. However, your eligibility will not be determined until the department receives all three parts of the application.
(5) What is the time limit for filing an application for disability benefits? There is no time limit for applying for benefits. However, if you have separated from employment, your application must be based on your condition at the time of separation.
(6) If I am eligible to retire, may I still apply for disability benefits? Yes, however, there will be no difference in the dollar amount of your benefit.
(7) Once my application is approved, when will my benefit begin?
(a) You will start accruing disability benefits the first day of the calendar month immediately following your separation from employment. If you are continuing to earn service credit while on paid leave or through programs such as shared leave, you are not considered to be separated from employment.
(b) Your first benefit payment will include all retroactive benefits to which you are entitled.
(c) Department approval will expire ninety days after the approval date if you have not officially separated from SERS employment.
(i) If you are continuing to perform the duties of your position or another SERS position, you may reapply for disability benefits according to subsection (4) of this section if your condition worsens.
(ii) If you are on leave, the department may reinstate approval upon your request and your employer's verification of your leave status.
(8) What are my options if my application is denied?
(a) You may submit additional information that shows you were totally incapacitated at the time of your separation from employment.
(b) If you continue to work in a SERS position, you may reapply for disability benefits at a later time if your condition worsens.
(c) You may petition for review of the department's decision according to the provisions of chapter 415-04 WAC.
(9) What information must be provided to the department if I am receiving disability benefits?
(a) You and your doctor must report any improvement in your condition; and
(b) You must report the name of your employer and monthly salary if you resume employment, regardless of the number of hours you work.
(10) How long will my disability benefits last? You may receive benefits throughout your lifetime, subject to the provisions of subsection (15) of this section.
(11) Are my disability benefits taxable? You should consult with your tax advisor regarding all questions of federal or state income, payroll, personal property or other tax consequences regarding any payments you receive from the department. The department does not:
(a) Guarantee that payments should or should not be designated as exempt from federal income tax;
(b) Guarantee that it was correct in withholding or not withholding taxes from disability payments;
(c) Represent or guarantee that any particular federal or state income, payroll, personal property or other tax consequence will occur because of its nontaxable determination; or
(d) Assume any liability for your compliance with the Internal Revenue Code.
(12) Are disability benefits subject to court or administrative orders? Your benefits may be subject to orders for spousal maintenance, child support, property division, or any other administrative or court order expressly authorized by federal law. For more information, see RCW 41.35.100(3) or contact the department.
(13) Am I eligible for disability benefits if my disability is the result of my criminal conduct committed after April 21, 1997? No. For more information, see RCW 41.35.110.
(14) How is my disability benefit affected if I am a member of more than one retirement system? If you are a member of more than one retirement system, your benefit is governed by portability law (see chapters 41.54 RCW and 415-113 WAC). You may apply for disability only from your active system. However, if you qualify for a disability benefit from your active system, you will also be eligible for a service retirement calculated under the laws governing the inactive system.
(15) Is it possible to lose my disability benefits after I begin receiving them?
(a) The department may, at its expense, require comprehensive medical examinations to reevaluate your eligibility for disability benefits. You will no longer be eligible to receive disability benefits if both of the following apply:
(i) Medical evidence indicates you have recovered from the disability for which the department granted your disability benefits; and
(ii) You have been offered reemployment by an employer, as defined in RCW 41.35.010(4), at a comparable compensation.
(b) If you return to employment and reenter SERS membership, your benefits will cease.
(16) If I take my disability benefit in a lump sum and return to work, may I restore my service credit? Yes, you may restore your service credit if you take a lump sum benefit and return to SERS membership at a later date.
(a) You may restore your service credit within two years of reentering membership or prior to retirement, whichever comes first. You must pay back the lump sum amount you received, minus the monthly amount for which you were eligible, plus interest as determined by the director.
(b) If you restore your service after two years, you will have to pay the actuarial value of the resulting increase in your future retirement benefit. See RCW 41.50.165.
(c) The provisions for restoring service credit vary according to retirement plan.
(i) If you are a member of SERS Plan 2, see RCW 41.35.410.
(ii) If you are a member of SERS Plan 3, see RCW 41.35.670.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-110-610What are my retirement benefit options?
Upon retirement for service under RCW 41.35.420 or 41.35.680, or for disability under RCW 41.35.440 or 41.35.690, you must choose to have the defined benefit portion of your retirement ((allowance))benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b) through (d) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is))benefit will be affected ((by choosing))if you choose a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance (no survivor feature))benefit (nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((retirement allowance))benefit will cease upon your death.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the gross monthly retirement allowance you were receiving))your gross monthly benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the))fifty percent of your gross monthly ((retirement allowance you were receiving))benefit.
(d) Option four: Joint and two-thirds ((allowance))survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the))your gross monthly ((retirement allowance you were receiving))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 notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.35.220.
(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.35.220.
(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 thirty 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 ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death. Your increased monthly allowance will be:
(a) The amount you would have received had you chosen the standard allowance option at the time of retirement; plus
(b) Any cost-of-living adjustments (COLAs) you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
Agnes retires from SERS Plan 2 in 2006. Agnes chooses a benefit option with a survivor feature and names Beatrice, her daughter, as her survivor beneficiary. As a result, Agnes's monthly allowance is reduced from $2,000 (standard allowance) to $1,750. Beatrice dies in 2011. Agnes's monthly allowance will increase to $2,191.05, which equals the amount she would have received had she chosen the standard allowance option, plus the COLAs she has received (based on her prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
2006
2,000.00
1,750.00
 
 
0.00
 
2007
 
1,750.00
 
.02
 
35.00
 
2008
 
1,785.00
 
.03
 
53.55
 
2009
 
1,838.55
 
.025
 
45.96
 
2010
 
1,884.51
 
.03
 
56.54
 
2011
2,000.00
1,941.05
 
 
 
 
 
 
Total
COLAs
 
191.05
 
Original Option One Monthly Allowance
+ Total
COLAs
= New Monthly
Allowance
 
$2000
+ $191.05
= $2,191.05*
 
*
In the future, Agnes's COLAs will be based on her increased monthly allowance.))
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 three exceptions:
(a) Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW 41.35.060.
(b) Postretirement marriage option. If you select the standard ((allowance))benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option ((with a survivor feature)) 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 415-01-500;
(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 survivor benefit option ((with a survivor feature)) and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard ((allowance))benefit. You may exercise this option one time only.
(7) Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 2 members:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) 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.
(B) 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.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3 members: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement ((allowance))benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
(8) For more information, see RCW 41.35.220.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 415-110-324
Married member's benefit selection—Spousal consent required.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-112-504What are ((the))my TRS Plan 1 retirement benefit options ((for Plan 1 members))?
Upon retirement from Plan 1 for service under RCW 41.32.480 or disability under RCW 41.32.550 (1)(c), you must choose to have your retirement ((allowance))benefit paid to you by one of the options described in this section. You may also select an optional supplemental cost-of-living (COLA) adjustment.
(1) May I withdraw any of my contributions? You may withdraw some or all of your accumulated contributions as follows:
(a) If you retire according to the provisions of RCW 41.32.498, you may withdraw some or all of your accumulated contributions at the time of retirement. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced according to the amount you withdraw.
(b) If you terminate service due to a disability under the conditions of RCW 41.32.550 (1)(a), you may withdraw all your accumulated contributions in a lump sum payment. You will receive no monthly retirement ((allowance))benefit.
(2) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (3)(c) through (e) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is))benefit will be affected ((by choosing))if you choose a survivor ((feature))option.
(3) What are my benefit options?
(a) Maximum benefit ((allowance (no survivor feature))(nonsurvivor option). The department will pay you the maximum benefit allowed by statute. Under this option you will receive a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((allowance))benefit will cease upon your death, and any remaining balance of accumulated contributions will be:
(i) Retained by the retirement fund if you retired for service under RCW 41.32.497 or 41.32.498; or
(ii) Paid according to subsection (9) of this section if you retired because of disability and were receiving a monthly retirement ((allowance))benefit under RCW 41.32.550 (1)(c).
(b) Option one: Standard ((allowance))benefit for service retirement (((no survivor feature))nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((allowance))benefit will cease upon your death, and any remaining balance of accumulated contributions will be paid according to subsection (9) of this section.
(i) This benefit option has a lower monthly ((allowance))benefit than the maximum benefit ((allowance)) in (a) of this subsection because, with this option, any remaining accumulated contributions will be paid to your beneficiaries upon your death.
(ii) If you are retiring because of disability under RCW 41.32.550 (1)(c), you will not benefit from this option because your beneficiaries will receive any remaining accumulated contributions under the maximum benefit ((allowance)) in (a) of this subsection.
(c) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(d) Option three: Joint and ((one-half allowance))fifty percent benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the gross monthly retirement allowance you were receiving))fifty percent of your gross monthly benefit.
(e) Option four: Joint and two-thirds ((allowance))benefit(((available to members retiring on or after January 1, 1996))).1 The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(4) 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 notarized ((signature indicating)) consent ((to the retirement option you select)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.32.530(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.32.530(2).
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (5) of this section, which was filed with the department at least thirty days before your retirement date, spousal consent is not required.
(5) 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.
(6) What is the supplemental COLA option? In addition to choosing a retirement benefit option described in subsection (3) of this section, you may choose a supplemental annual COLA. If you select this option, your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of this benefit.
(7) What happens if I choose a benefit option with a survivor ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death.
(a) Members who retire on or after January 1, 1996: Your increased monthly allowance will be:
(i) The amount you would have received had you chosen the maximum benefit at the time of retirement;
(ii) Minus any reduction in the maximum allowance resulting from a withdrawal of contributions;
(iii) Plus any COLAs you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
Lucinda retires from TRS Plan 1 in 1996. Lucinda withdraws some of her contributions, which actuarially reduces her maximum monthly allowance from $2,000 to $1,963.86. She chooses a benefit option with a survivor feature, and names Garth, her husband, as her survivor beneficiary. As a result, Lucinda's monthly allowance is further reduced from $1,963.86 to $1,846.03. Garth dies in January 2001. Lucinda's monthly allowance will increase to $1,963.86, the amount she would have received had she chosen the maximum benefit option (after reduction for her withdrawals). The total amount of the COLAs she received (based on her prior monthly allowance) will be added to the $1,963.86.
(b) Members who retired before January 1, 1996: Your monthly retirement allowance will be adjusted according to the provisions of RCW 41.32.530(3).))If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(8) May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following three exceptions:
(a) Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement. See RCW 41.32.044.
(b) Postretirement marriage option. If you select the maximum benefit option or the standard ((allowance))benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor ((feature))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 survivor benefit option ((with a survivor feature)) 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 ((allowance))benefit. You may exercise this option one time only.
(9) 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 ((annuity payments))retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid according to this subsection.
(i) Except as provided in (a)(ii) of this subsection, any remaining balance will be paid 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 retired for service and chose the maximum benefit option, any remaining balance will be retained by the retirement fund.
(b) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid 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.
(10) For more information, see RCW 41.32.530 and 41.32.550.
 
1 Available to members retiring on or after January 1, 1996.
AMENDATORY SECTION(Amending WSR 13-18-034, filed 8/28/13, effective 10/1/13)
WAC 415-112-505What are ((the))my TRS Plan 2 or Plan 3 retirement benefit options ((for Plan 2 and 3 members))?
Upon retirement for service under RCW 41.32.765 or 41.32.875, or disability under RCW 41.32.790 or 41.32.880, you must choose to have the defined benefit portion of your retirement ((allowance))benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly ((allowance))benefit after my death? Options described in subsection (2)(b), (c), and (d) of this section ((include a survivor feature))will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly ((allowance))benefit after your death is referred to as your "survivor beneficiary." ((Upon))After your death, your survivor beneficiary will ((be entitled to)) receive a monthly ((allowance))benefit for the duration of ((his or her))their life. Your monthly retirement ((allowance))benefit will be ((actuarially)) reduced to offset the cost of the survivor ((feature))option. See WAC 415-02-380 for more information on how your monthly ((allowance is))benefit will be affected ((by choosing))if you choose a survivor ((feature))option.
(2) What are my benefit options?
(a) Option one: Standard ((allowance))benefit for service retirement (((no survivor feature))nonsurvivor option). The department will pay you a monthly retirement ((allowance))benefit throughout your lifetime. Your monthly ((allowance))benefit will cease upon your death, and any remaining balance of accumulated contributions will be paid according to subsection (7) of this section.
(b) Option two: Joint and ((whole allowance))one hundred percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((the))your gross monthly ((retirement allowance you were receiving))benefit.
(c) Option three: Joint and ((one-half allowance))fifty percent survivor benefit. The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to ((one-half of the gross monthly retirement allowance you were receiving))fifty percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds((allowance (available to members retiring on or after January 1, 1996)))survivor benefit.1 The department will pay you a reduced monthly retirement ((allowance))benefit throughout your lifetime. After your death, ((the department will pay)) your survivor beneficiary will receive a gross monthly ((allowance))benefit equal to two-thirds (66.667%) of ((the))your gross monthly ((retirement allowance you were receiving))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 ((submit))provide your spouse's notarized ((signature indicating)) consent ((to the retirement option you selected)). If you do not provide spousal consent, the department will pay you a monthly retirement ((allowance))benefit based on option three (joint and ((one-half allowance) and record))fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.32.785(2) and 41.32.851(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, spousal consent is required. If you do not provide notarized spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and fifty percent benefit) with your spouse as the survivor beneficiary as required by RCW 41.32.785(2) and 41.32.851(2).
(d) If your survivor beneficiary has been designated by a dissolution order under RCW 41.50.790, which was filed with the department at least thirty 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 ((feature))option and my survivor beneficiary dies before I do?((Your monthly retirement allowance will increase, provided you submit proof of your survivor beneficiary's death to the department. The increase will begin accruing the first day of the month following the death.
(a) Members who retire on or after January 1, 1996: Your increased monthly allowance will be:
(i) The amount you would have received had you chosen the standard allowance option; plus
(ii) Any cost-of-living adjustments (COLAs) you received prior to your survivor beneficiary's death, based on your original option selection.
Example:
Agnes retires from TRS Plan 2 in 1996. She chooses a benefit option with a survivor feature and names Beatrice, her daughter, as her survivor beneficiary. As a result, Agnes's monthly allowance is reduced from $2,000 (standard allowance) to $1,750. Beatrice dies in 2001. Agnes's monthly allowance will increase to $2,191.05, which equals the amount she would have received had she chosen the standard allowance option, plus the COLAs she has received (based on her prior monthly allowance).
Year
Standard Allowance
Survivor Option plus
COLAs
COLA incr.
(3% max)
$ Increase
1996
2,000.00
1,750.00
 
 
0.00
 
1997
 
1,750.00
 
.02
 
35.00
 
1998
 
1,785.00
 
.03
 
53.55
 
1999
 
1,838.55
 
.025
 
45.96
 
2000
 
1,884.51
 
.03
 
56.54
 
2001
2,000.00
1,941.05
 
 
 
 
 
 
Total COLAs
 
191.05
 
Original Monthly
Allowance
+ Total COLAs
 
= New Monthly
Allowance
 
$2000
+ $191.05
 
= $2,191.05*
 
*
In the future, Agnes's COLA will be based on her increased monthly allowance.
(b) Members who retired before January 1, 1996: Your monthly retirement allowance will be adjusted according to the provisions of RCW 41.32.785(3).))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 three exceptions:
(a) Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement. See RCW 41.32.044.
(b) Postretirement marriage option. If you select the standard ((allowance))benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor ((feature))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;
(iv) You provide proof of your current spouse's birth date; and
(v) You exercise this option one time only.
(c) Removal of a nonspouse survivor option. If you select a benefit option with a survivor ((feature))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 ((allowance))benefit. You may exercise this option one time only.
(7) Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 2:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement ((allowance))benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) 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.
(B) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living, then to your survivor beneficiary's spouse.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement ((allowance))benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
(8) For more information, see RCW 41.32.785 and 41.32.790 (Plan 2) and RCW 41.32.851 (Plan 3).
 
1 Available to members retiring on or after January 1, 1996.
AMENDATORY SECTION(Amending WSR 16-21-059, filed 10/14/16, effective 11/14/16)
WAC 415-112-507How do I apply for TRS retirement benefits?
You should apply for retirement benefits at least thirty days before your intended retirement date. You can apply online at the department's website or by submitting to the department:
(1) A completed, signed, and notarized retirement application, including:
(a) Your selection of one of the benefit options described in WAC 415-112-493.
(b) Designation of a survivor beneficiary if you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's ((notarized signature indicating)) consent ((to the retirement option you selected. See WAC 415-112-015(10).
(i) If you are married and you do not provide spousal consent, the department will pay you a monthly retirement allowance based on WAC 415-112-504 (3)(d) for Plan 1 or WAC 415-112-505 (2)(c) for Plan 2 and 3 members, option three (joint and one-half survivor benefit allowance) and record your spouse as the survivor beneficiary as required by RCW 41.32.530(2), 41.32.785(2), and 41.32.851(2).
(ii) Spousal consent is not required if a dissolution decree designating your survivor beneficiary under RCW 41.50.790 was filed with the department at least thirty days prior to your retirement date))may be required as described in WAC 415-112-504 (Plan 1) or WAC 415-112-505 (Plan 2 or Plan 3).
(2) Evidence of your birth date, only if requested by the department, such as a photocopy of your birth certificate, passport or passport card, government-issued driver license or identification card, NEXUS card, naturalization certificate, certificate of armed services record U.S. DD-214, or other documentation acceptable to the department. If you are requested to submit evidence, the document you submit must include the month, day, and year of your birth.
(3) If you selected a benefit option with a survivor feature, acceptable evidence of your designated survivor beneficiary's birth date which includes the month, day, and year of birth.