WSR 20-01-145
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed December 17, 2019, 1:49 p.m., effective January 17, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To implement chapter 189, Laws of 2019 (SB 5350), allowing members to purchase a lifetime annuity benefit from the state of Washington.
Citation of Rules Affected by this Order: Amending WAC 415-02-178 May I purchase an annuity?
Statutory Authority for Adoption: RCW
41.50.050.
Adopted under notice filed as WSR 19-21-164 on October 22, 2019.
Changes Other than Editing from Proposed to Adopted Version: None, the text being adopted is identical to the text that was proposed in WSR 19-21-164.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 17, 2019.
Tracy Guerin
Director
AMENDATORY SECTION(Amending WSR 17-07-021, filed 3/7/17, effective 4/7/17)
WAC 415-02-178May I purchase an annuity?
(1)
Am I eligible to purchase an annuity? You are eligible to purchase ((
an))
a defined benefit plan annuity at the time of retirement ((
from your defined benefit plan)) if you are a member of TRS (RCW
41.32.067), WSPRS (RCW
43.43.315), LEOFF Plan 1 (RCW
41.26.105), ((
or)) LEOFF Plan 2 (RCW
41.26.463)
, PERS (RCW 41.40.131), SERS (RCW 41.35.235), or PSERS Plan 2 (RCW 41.37.295). This annuity provides a lifetime increase to your monthly benefit. (For purchasing an annuity from your Plan 3 defined contribution account, refer to WAC 415-111-320.)
(2) Can I purchase an annuity if I take a lump sum payment? You may not purchase an annuity if you elect a lump sum payment instead of a monthly benefit.
(3) Are there limits to the annuity amount I may purchase? There is no maximum limit on the purchase amount. If you are a LEOFF or WSPRS member the minimum purchase amount is $25,000. If you are a PERS, SERS, or PSERS member, the minimum purchase amount is $5,000. There is no minimum required for TRS members.
(4) When can I apply to purchase an annuity? You must submit your request to purchase an annuity to the department at the time you apply for retirement.
(5) How much will my monthly benefit increase if I purchase an annuity? The increase in your monthly benefit will be calculated using the following formula:
Purchase Annuity Amount x Annuity Factor = Increase to Monthly Benefit
The annuity factor is determined by your age on the later of your retirement date or the date your retirement application is submitted to the department.
Example: John is a member of LEOFF Plan 2. He applies for retirement and requests to purchase an annuity for $45,000. For illustration purposes in this example only, we will use 0.0051025 as the corresponding annuity factor (factors change periodically). John's monthly benefit will increase by $229.61 per month, calculated as follows:
Purchase Annuity Amount x Annuity Factor = Increase to Monthly Benefit
$45,000 x 0.0051025 = $229.61
(6) How and when do I pay for the annuity? The department will generate a bill to you for the cost of the annuity after we receive your request to purchase.
(a) For all TRS members, payment may be made by making a one-time personal payment (however, IRS regulations limit the amount of after-tax dollars you may use); or you may roll over funds from another tax-deferred retirement account.
(b) For LEOFF ((and)), WSPRS, PERS, SERS, and PSERS members, the annuity must be purchased by rolling over funds from an "eligible retirement plan" which is a tax qualified plan offered by a governmental employer (like the state of Washington's deferred compensation program).
(c) Payment must be made in full by ninety days after the later of your retirement date or bill issue date. Your annuity will begin once your payment is received and your retirement is processed. The effective date for the start of this benefit is the later of your retirement date or the payment in full date plus one day.
(7) What are the survivor options for my annuity? The survivor option you designate for your retirement benefit will also be used for your annuity purchase, with the exception of WSPRS Plan 1 Option A and LEOFF Plan 1.
If you are a WSPRS Plan 1 member who chose Option A or you are a LEOFF Plan 1 member, your annuity will be paid for your lifetime only. Under these two survivor options, even though the retirement benefit may be paid over two lifetimes, there is no actuarial reduction. No actuarial reduction can be applied to the annuity, therefore the annuity can only be treated as if a single life option was chosen.
If you choose a benefit option with a survivor feature and your survivor dies before you, your monthly annuity payment will increase to the amount it would have been had you not selected a survivor option.
(8) Will I receive a cost of living adjustment (COLA) on the portion of my benefit that is based on the purchased annuity?
(((a))) If you are eligible for an annual COLA adjustment on your monthly benefit, you will receive the same COLA percentage on this annuity.
(((b) If you retire from TRS Plan 1 you must elect the optional auto COLA in order to receive a COLA on the annuity amount.))
(9) If I purchase an annuity and then return to work, how will the annuity portion of my benefit be affected? You will continue to receive the annuity portion of your monthly benefit payment even if you return to work, or return to membership.
(10) If I retire then return to membership and reretire, may I purchase another annuity? Yes. You may purchase another annuity when you reretire provided you are reretiring from an eligible plan that allows an annuity purchase.
(11) May I purchase an annuity from more than one retirement plan?
(a) If you are a dual member under chapter 415-113 WAC, Portability of public employment benefits, and you combine service credit to retire as a dual member, you may purchase an annuity from each dual member plan that allows an annuity purchase.
(b) If you are not a dual member and retire separately from more than one plan you may purchase an annuity from each eligible plan that allows an annuity purchase.
(12) What happens to my annuity upon my death (and the death of my survivor, if applicable)?
System Plan | Benefit Option | Annuity Payment Upon Death |
TRS 1 | Maximum Option | At the time of your death the annuity payment stops. |
TRS 1, TRS 2, TRS 3, LEOFF 2, WSPRS 2, PERS 1, PERS 2, PERS 3, SERS 2, SERS 3, and PSERS 2 | Option 1 (single life) | At the time of your death the annuity payments stop. The original amount you paid for your annuity, less any payments you have received, will be paid to your designated beneficiary. |
WSPRS 1 | Option A |
LEOFF 1 | Automatic Survivor |
TRS 1, TRS 2, TRS 3, LEOFF 2, WSPRS 2, PERS 1, PERS 2, PERS 3, SERS 2, SERS 3, and PSERS 2 | Option 2, 3, 4 (joint life) | At the time of your death, payments will continue to your survivor. At the time of your survivor's death, the original amount you paid for your annuity, less any payments you and your survivor have received, will be paid to your designated beneficiary. |
WSPRS 1 | Option B (joint life) |