WASHINGTON STATUTES AND CODES

41.50.700 - Property division obligations -- Cessation upon death of obligee or obligor -- Payment treated as deduction from member's periodic retirement payment.

Property division obligations — Cessation upon death of obligee or obligor — Payment treated as deduction from member's periodic retirement payment.

(1) Except under subsection (3) of this section and RCW 41.26.460(5),41.32.530 (5), 41.32.785(5), 41.32.851(4), 41.35.220(4),41.40.188 (5), 41.40.660(5), 41.40.845(4), 43.43.271(4), and41.34.080 , the department's obligation to provide direct payment of a property division obligation to an obligee under RCW 41.50.670 shall cease upon the death of the obligee or upon the death of the obligor, whichever comes first. However, if an obligor dies and is eligible for a lump sum death benefit, the department shall be obligated to provide direct payment to the obligee of all or a portion of the withdrawal of accumulated contributions pursuant to a court order that complies with RCW 41.50.670.

(2) The direct payment of a property division obligation to an obligee under RCW 41.50.670 shall be paid as a deduction from the member's periodic retirement payment. An obligee may not direct the department to withhold any funds from such payment.

(3) The department's obligation to provide direct payment to a nonmember ex spouse from a preretirement divorce meeting the criteria of RCW *41.26.162(2) or 43.43.270(2) may continue for the life of the member's surviving spouse qualifying for benefits under RCW 41.26.160, 41.26.161, or 43.43.270(2). Upon the death of the member's surviving spouse qualifying for benefits under RCW 41.26.160, 41.26.161, or 43.43.270(2), the department's obligation under this subsection shall cease. The department's obligation to provide direct payment to a nonmember ex spouse qualifying for a continued split benefit payment under *RCW 41.26.162(3) shall continue for the life of that nonmember ex spouse.

[2003 c 294 § 12; 2002 c 158 § 6; 1991 c 365 § 16.]

Notes: *Reviser's note: RCW 41.26.162 was amended by 2005 c 62 § 3, deleting subsections (2) and (3).

Severability -- 1991 c 365: See note following RCW 41.50.500.