AN ACT Relating to
collection of state retirement system overpayments; amending RCW 36.18.016; and
adding new sections to chapter 41.50 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. (1) If the department
finds that any member, beneficiary, or other person or entity has been paid an
amount of retirement benefits to which that person or entity is not entitled,
and the person is not entitled to a continuing benefit from any of the
retirement systems listed in RCW 41.50.030, the department may issue an order
and notice of assessment specifying the amount due, including interest, to be
remitted to the department. The order and notice of assessment shall be served
upon any person or entity who may have received benefits to which the person or
entity is not entitled. The order and notice of assessment shall be served by
the department in the manner prescribed for the service of a summons in a civil
action, or by certified mail to the last known address of the obligor as shown
by the records of the department.
(2) Any notice of
assessment under subsection (1) of this section shall constitute a
determination of liability from which the member, beneficiary, or other person
or entity served may appeal by filing a petition for adjudicative proceedings
with the director personally or by mail within sixty days from the date the
assessment was served. If a petition for adjudicative proceedings is not filed
within sixty days of the delivery of the notice of assessment, the
determination that was the basis for establishing the overpayment debt and the
assessment is conclusive and final.
(3) This section
creates an administrative process for the collection of overpayments from
persons who are not entitled to a continuing benefit from one of the retirement
systems listed in RCW 41.50.030. The collection of overpayments from persons
entitled to a continuing benefit from one of the retirement systems listed in
RCW 41.50.030 is governed by RCW 41.50.130.
NEW SECTION. Sec.
2. Whenever a notice of
determination of liability becomes conclusive and final under section 1 of this
act, the director, upon giving at least twenty days notice by certified mail
return receipt requested to the individual's last known address of the intended
action, may file with the superior court clerk of any county within the state a
warrant in the amount of the notice of determination of liability plus a filing
fee of five dollars payable under RCW 36.18.016. The clerk of the county where
the warrant is filed shall immediately designate a superior court cause number
for the warrant, and the clerk shall cause to be entered in the judgment docket
under the superior court cause number assigned to the warrant, the name of the
person mentioned in the warrant, the amount of the notice of determination of
liability, and the date when the warrant was filed. The amount of the warrant
as docketed shall become a lien upon the title to, and any interest in, all
real and personal property of the person against whom the warrant is issued,
the same as a judgment in a civil case duly docketed in the office of such
clerk. A copy of the warrant shall be mailed to the person mentioned in the
warrant by certified mail to the person's last known address within five days
of its filing with the clerk.
NEW SECTION. Sec.
3. The department may issue
subpoenas to compel the statement of witnesses and the production of any books,
records, or documents necessary or relevant to the department's administration
of duties under this chapter. It is unlawful for any person or entity, without
just cause, to fail to comply with any subpoena issued under this section.
NEW SECTION. Sec.
4. (1) The director may
waive repayment of all or part of a retirement allowance overpayment, under RCW
41.50.130 only, if:
(a) The overpayment was
not the result of the retiree's or the beneficiary's nondisclosure, fraud,
misrepresentation, or other fault; and
(b) The director finds
in his or her sole discretion that recovery of the overpayment would be a
manifest injustice.
(2) The director may
not waive an overpayment if the member, retiree, or beneficiary:
(a) Provided incorrect
information to the department or the employer which caused the overpayment;
(b) Failed to provide
information to the department or the employer which was necessary to correctly
calculate the retirement allowance;
(c) Caused the employer
to provide incorrect information or fail to provide necessary information; or
(d) Knew or reasonably
should have known that he or she was in receipt of an overpayment.
(3) If the director
waives an overpayment and the overpayment occurred because the member's or
retiree's employer:
(a) Provided incorrect
information to the department which caused the overpayment;
(b) Failed to provide
information to the department which was necessary to correctly calculate the
retirement allowance;
(c) Caused another
party to provide incorrect information or fail to provide necessary
information; or
(d) Knew or reasonably
should have known that the information provided would cause the retiree or
beneficiary to be overpaid;
then the department shall
bill the member's or retiree's employer for the amount of the overpayment that
would have been recoverable under RCW 41.50.130 had the overpayment not been
waived pursuant to this section.
(4) Nothing in this
section authorizes the director to waive the prospective correction of an
overstated retirement allowance.
(5) If the director
waives an overpayment he or she must state in writing:
(a) The nature of and
reason for the overpayment;
(b) The reason for the
waiver; and
(c) The amount of the
overpayment that is waived.
The department will
maintain a file containing documentation of all overpayments waived. The
department will provide the file to any person upon request.
(6) This section
applies to overpayments identified on or after September 1, 1994.
Sec. 5. RCW 36.18.016 and 1995 c
292 s 14 are each amended to read as follows:
(1) Revenue collected
under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2) For the filing of a
petition for modification of a decree of dissolution or paternity, within the
same case as the original action, a fee of twenty dollars must be paid.
(3) The party making a
demand for (([a])) a jury of six in a civil action shall pay, at
the time, a fee of fifty dollars; if the demand is for a jury of twelve, a fee
of one hundred dollars. If, after the party demands a jury of six and pays the
required fee, any other party to the action requests a jury of twelve, an
additional fifty-dollar fee will be required of the party demanding the
increased number of jurors. Upon conviction in criminal cases a jury demand
charge may be imposed as costs under RCW 10.46.190.
(4) For preparing,
transcribing, or certifying an instrument on file or of record in the clerk's
office, with or without seal, for the first page or portion of the first page,
a fee of two dollars, and for each additional page or portion of a page, a fee
of one dollar must be charged. For authenticating or exemplifying an
instrument, a fee of one dollar for each additional seal affixed must be
charged.
(5) For executing a
certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee
defendant named in an affidavit for garnishment and for a writ of attachment, a
fee of twenty dollars must be charged.
(7) For approving a
bond, including justification on the bond, in other than civil actions and
probate proceedings, a fee of two dollars must be charged.
(8) For the issuance of
a certificate of qualification and a certified copy of letters of
administration, letters testamentary, or letters of guardianship, there must be
a fee of two dollars.
(9) For the preparation
of a passport application, the clerk may collect an execution fee as authorized
by the federal government.
(10) For clerk's
special services such as processing ex parte orders by mail, performing
historical searches, compiling statistical reports, and conducting exceptional
record searches, the clerk may collect a fee not to exceed twenty dollars per
hour or portion of an hour.
(11) For duplicated
recordings of court's proceedings there must be a fee of ten dollars for each
audio tape and twenty-five dollars for each video tape.
(12) For the filing of
oaths and affirmations under chapter 5.28 RCW, a fee of twenty dollars must be
charged.
(13) For filing a
disclaimer of interest under RCW 11.86.031(4), a fee of two dollars must be
charged.
(14) For registration
of land titles, Torrens Act, under RCW 65.12.780, a fee of five dollars must be
charged.
(15) For the issuance
of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of one
hundred ten dollars must be charged.
(16) A facilitator
surcharge of ten dollars must be charged as authorized under RCW 26.12.240.
(17) For filing a water
rights statement under RCW 90.03.180, a fee of twenty-five dollars must be
charged.
(18) For filing a
warrant for overpayment of state retirement systems benefits under chapter
41.50 RCW, a fee of five dollars shall be charged pursuant to section 2 of this
act.
(19) A service
fee of three dollars for the first page and one dollar for each additional page
must be charged for receiving faxed documents, pursuant to Washington state
rules of court, general rule 17.
(((19))) (20)
For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page
must be charged.
(((20))) (21)
For copies and reports produced at the local level as permitted by RCW 2.68.020
and supreme court policy, a variable fee must be charged.
(((21))) (22)
Investment service charge and earnings under RCW 36.48.090 must be charged.
(((22))) (23)
Costs for nonstatutory services rendered by clerk by authority of local
ordinance or policy must be charged.
NEW SECTION. Sec.
6. Sections 1 through 4 of
this act are each added to chapter 41.50 RCW.
