Passed by the House March 5, 2012 Yeas 56   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 1, 2012 Yeas 46   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1552 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved March 29, 2012, 6:12 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 29, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to garnishment; amending RCW 6.27.010, 6.27.090, 6.27.100, 6.27.340, 6.27.110, 6.27.140, 6.27.140, 6.27.150, 6.27.190, 6.27.200, 6.27.250, 6.27.330, 6.27.350, 6.27.360, 6.27.370, 2.10.180, 2.12.090, 41.20.180, 41.28.200, 41.34.080, 41.35.100, 41.37.090, 41.40.052, 41.44.240, and 43.43.310; reenacting and amending RCW 41.32.052 and 41.26.053; adding a new section to chapter 6.27 RCW; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 6.27.010 and 2003 c 222 s 16 are each amended to read
as follows:
(1) As used in this chapter, the term "earnings" means compensation
paid or payable to an individual for personal services, whether
denominated as wages, salary, commission, bonus, or otherwise, and
includes periodic payments pursuant to a governmental or
nongovernmental pension or retirement program.
(2) As used in this chapter, the term "disposable earnings" means
that part of earnings remaining after the deduction from those earnings
of any amounts required by law to be withheld.
Sec. 2 RCW 6.27.090 and 2000 c 72 s 2 are each amended to read as
follows:
(1) The writ of garnishment shall set forth in the first paragraph
the amount that garnishee is required to hold, which shall be an amount
determined as follows: (a)(i) If after judgment, the amount of the
judgment remaining unsatisfied on the clerk of the court's execution
docket, if any, plus interest to the date of garnishment, as provided
in RCW 4.56.110, plus estimated interest that may accrue during the
garnishment process on a per diem basis under subsection (3) of this
section plus taxable costs and ((attorney's)) attorneys' fees, or (ii)
if before judgment, the amount prayed for in the complaint plus
estimated taxable costs of suit and attorneys' fees, together with, (b)
whether before or after judgment, estimated costs of garnishment as
provided in subsection (2) of this section. The court may, by order,
set a higher amount to be held upon a showing of good cause by
plaintiff.
(2) Costs recoverable in garnishment proceedings, to be estimated
for purposes of subsection (1) of this section, include filing and ex
parte fees, service and affidavit fees, postage and costs of certified
mail, answer fee or fees, other fees legally chargeable to a plaintiff
in the garnishment process, and a garnishment attorney fee in the
amount of the greater of ((fifty)) one hundred dollars or ten percent
of (a) the amount of the judgment remaining unsatisfied or (b) the
amount prayed for in the complaint. The garnishment attorney fee shall
not exceed ((two)) three hundred ((fifty)) dollars.
(3) For purposes of subsection (1) of this section, the plaintiff
must indicate in the writ a specific dollar amount of estimated
interest that may accrue during the garnishment process per day. The
amount must be based on an interest rate of twelve percent or the
interest rate set forth in the judgment, whichever rate is less.
Sec. 3 RCW 6.27.100 and 2003 c 222 s 4 are each amended to read
as follows:
(1) ((The)) A writ issued for a continuing lien on earnings shall
be substantially in the form provided in section 4 of this act. All
other writs of garnishment shall be substantially in the following
form, but if the writ is issued under ((a court)) an order or judgment
for child support, the following statement shall appear conspicuously
in the caption: "This garnishment is based on a judgment or ((court))
order for child support"; and ((if the garnishment is for a continuing
lien, the form shall be modified as provided in RCW 6.27.340; and if
the writ is not directed to an employer for the purpose of garnishing
a defendant's earnings, the paragraph relating to the earnings
exemption may be omitted and the paragraph relating to the deduction of
processing fees may be omitted; and)) if the writ is issued by an
attorney, the writ shall be revised as indicated in subsection (2) of
this section:
NEW SECTION. Sec. 4 A new section is added to chapter 6.27 RCW
to read as follows:
(1) A writ that is issued for a continuing lien on earnings shall
be substantially in the following form, but if the writ is issued under
an order or judgment for child support, the following statement shall
appear conspicuously in the caption: "This garnishment is based on a
judgment or order for child support;" and if the writ is issued by an
attorney, the writ shall be revised as indicated in subsection (2) of
this section:
Dated this . . . . . . . . day of. . . . . . . . . . , 20. . . . . . | |
. . . . . . . . . . . . | |
Attorney for Plaintiff | |
. . . . . . . . . . . . | . . . . . . . . . . . . |
Address | Address of the Clerk of the Court" |
. . . . . . . . . . . . | |
Name of Defendant | |
. . . . . . . . . . . . | |
Address of Defendant |
Sec. 5 RCW 6.27.340 and 2003 c 222 s 13 are each amended to read
as follows:
(1) Service of a writ for a continuing lien shall comply fully with
RCW 6.27.110.
(2) ((The caption of the writ shall be marked "CONTINUING LIEN ON
EARNINGS" and the following additional paragraph shall be included in
the writ form prescribed in RCW 6.27.100:"THIS IS A WRIT FOR A CONTINUING LIEN. THE GARNISHEE SHALL
HOLD the nonexempt portion of the defendant's earnings due at
the time of service of this writ and shall also hold the
defendant's nonexempt earnings that accrue through the last
payroll period ending on or before SIXTY days after the date
of
service of this writ. HOWEVER, IF THE GARNISHEE IS PRESENTLY
HOLDING THE NONEXEMPT PORTION OF THE DEFENDANT'S EARNINGS
UNDER
A PREVIOUSLY SERVED WRIT FOR A CONTINUING LIEN, THE GARNISHEE
SHALL HOLD UNDER THIS WRIT only the defendant's nonexempt
earnings that accrue from the date the previously served writ
or writs terminate and through the last payroll period ending
on or before sixty days after the date of termination of the
previous writ or writs. IN EITHER CASE, THE GARNISHEE SHALL
STOP WITHHOLDING WHEN THE SUM WITHHELD EQUALS THE AMOUNT
STATED
IN THIS WRIT OF GARNISHMENT."
(3) The answer forms served on an employer with the writ shall
include in the caption, "ANSWER TO WRIT OF GARNISHMENT FOR CONTINUING
LIEN ON EARNINGS," and the following paragraph shall be added to
section I of the answer form prescribed in RCW 6.27.190:"If you are withholding the defendant's nonexempt earnings
under a previously served writ for a continuing lien, answer
only sections I and II of this form and mail or deliver the
forms as directed in the writ. Withhold from the defendant's
future nonexempt earnings as directed in the writ, and a
second
set of answer forms will be forwarded to you later.
ANSWER: I am presently holding the defendant's nonexempt
earnings under a previous writ served on. . . . . . that
will
terminate not later than. . . . . . , 20. . .
If you are NOT withholding the defendant's earnings under a previously served writ for a continuing lien, answer this entire form and mail or deliver the forms as directed in the writ. A second set of answer forms will be forwarded to you later for subsequently withheld earnings.")) If the writ is directed to an employer for the purpose of garnishing the defendant's wages, the first answer shall accurately state, as of the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ, whether the defendant was employed by the garnishee defendant (and if not the date employment terminated), whether the defendant's earnings were subject to a preexisting writ of garnishment for continuing liens on earnings (and if so the date such writ will terminate and the current writ will be enforced), whether the defendant maintained a financial account with garnishee, and whether the garnishee defendant had possession of or control over any funds, personal property, or effects of the defendant (and if so the garnishee defendant shall list all of defendant's personal property or effects in its possession or control). The first answer shall further accurately state, as of the time of service of the writ of garnishment on the garnishee defendant, the amount due and owing from the garnishee defendant to the defendant, and the defendant's total earnings, allowable deductions, disposable earnings, exempt
earnings, deductions for superior liens such as child support, and net earnings withheld under the writ. The first answer may be substantially in the following form:
IN THE . . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . | |
. . . . . . . . . . . . , | NO. . . . . . |
Plaintiff, | |
vs. | FIRST ANSWER |
. . . . . . . . . . . . , | TO WRIT OF |
Defendant, | GARNISHMENT |
. . . . . . . . . . . . | FOR CONTINUING LIEN |
Garnishee Defendant | ON EARNINGS |
SECTION I. If you are withholding the defendant's nonexempt earnings under a previously served writ for a continuing lien, answer only sections I and III of this form and mail or deliver the forms as directed in the writ. Withhold from the defendant's future nonexempt earnings as directed in the writ, and a second set of answer forms will be forwarded to you later.
If you are NOT withholding the defendant's earnings under a previously served writ for a continuing lien, answer this ENTIRE form and mail or deliver the forms as directed in the writ. A second set of answer forms will be forwarded to you later for subsequently withheld earnings.
ANSWER: I am presently holding the defendant's nonexempt earnings under a previous writ served on . . . . . . that will terminate not later than . . . . ., 20 . . .
On the date the writ of garnishment was issued as indicated by the date appearing on the last page of the writ:
(A) The defendant: (check one) [ ] was, [ ] was not employed by garnishee. If not employed and you have no possession or
control of any funds of defendant, indicate the last day of employment: . . . . . . .; and complete section III of this answer and mail or deliver the forms as directed in the writ;
(B) The defendant: (check one) [ ] did, [ ] did not maintain a financial account with garnishee; and
(C) The garnishee: (check one) [ ] did, [ ] did not have possession of or control over any funds, personal property, or effects of the defendant. (List all of defendant's personal property or effects in your possession or control on the last page of this answer form or attach a schedule if necessary.)
SECTION II. At the time of service of the writ of garnishment on the garnishee there was due and owing from the garnishee to the above-named defendant $ . . . . .
This writ attaches a maximum of . . . . percent of the defendant's disposable earnings (that is, compensation payable for personal services, whether called wages, salary, commission, bonus, or otherwise, and including periodic payments pursuant to a nongovernmental pension or retirement program).
Calculate the attachable amount as follows:
Gross Earnings . . . . . . . . . . . . $. . . . . . . . (1)
Less deductions required by law (social security,
federal withholding tax, etc. Do not include
deductions for child support orders or government
liens here. Deduct child support orders and liens
on line 7): . . . . . . . . . . . . $. . . . . . . . (2)
Disposable Earnings (subtract line 2 from
line 1): . . . . . . . . . . . . $. . . . . . . . (3)
Enter . . . . percent of line 3: . . . . . . . . . . . . $. . . . . . . . (4)
Enter one of the following exempt amounts*: . . . . . . . . . . . . $. . . . . . . . (5)
If paid: | Weekly | $. . . . . | Semi-monthly | $. . . . . |
Bi-weekly | $. . . . . | Monthly | $. . . . . |
*These are minimum exempt amounts that the
defendant must be paid. If your answer
covers more than one pay period, multiply
the preceding amount by the number of pay
periods and/or fraction thereof your answer
covers. If you use a pay period not shown,
prorate the monthly exempt amount.
Subtract the larger of lines 4 and 5 from
line 3: . . . . . . . . . . . . $. . . . . . . . (6)
Enter amount (if any) withheld for ongoing
government liens such as child support: . . . . . . . . . . . . $. . . . . . . . (7)
Subtract line 7 from line 6. This amount
must be held out for the plaintiff: . . . . . . . . . . . . $. . . . . . . . (8)
This is the formula that you will use for withholding each pay period over the required sixty day garnishment period. Deduct any allowable processing fee you may charge from the amount that is to be paid to the defendant.
If there is any uncertainty about your answer, give an explanation on the last page or on an attached page.
SECTION III. An attorney may answer for the garnishee.
Under penalty of perjury, I affirm that I have examined this answer, including accompanying schedules, and to the best of my knowledge and belief it is true, correct, and complete.
Sec. 6 RCW 6.27.110 and 1998 c 227 s 4 are each amended to read
as follows:
(1) Service of the writ of garnishment, including a writ for
continuing lien on earnings, on the garnishee is invalid unless the
writ is served together with: (a) ((Four)) An answer form((s)) as
prescribed in RCW 6.27.190; and (b) ((three stamped envelopes addressed
respectively to the clerk of the court issuing the writ, the attorney
for the plaintiff (or to the plaintiff if the plaintiff has no
attorney), and the defendant; and (c))) a check or money order made
payable to the garnishee in the amount of twenty dollars for the answer
fee if the writ of garnishment is not a writ for a continuing lien on
earnings.
(2) Except as provided in RCW 6.27.080 for service on a bank,
savings and loan association, or credit union, the writ of garnishment
shall be mailed to the garnishee by certified mail, return receipt
requested, addressed in the same manner as a summons in a civil action,
and will be binding upon the garnishee on the day set forth on the
return receipt. In the alternative, the writ shall be served by the
sheriff of the county in which the garnishee lives or has its place of
business or by any person qualified to serve process in the same manner
as a summons in a civil action is served.
(3) If a writ of garnishment is served by a sheriff, the sheriff
shall file with the clerk of the court that issued the writ a signed
return showing the time, place, and manner of service and that the writ
was accompanied by an answer form((s, addressed envelopes)), and check
or money order if required by this section, and noting thereon fees for
making the service. If service is made by any person other than a
sheriff, such person shall file an affidavit including the same
information and showing qualifications to make such service. If a writ
of garnishment is served by mail, the person making the mailing shall
file an affidavit showing the time, place, and manner of mailing and
that the writ was accompanied by an answer form((s and addressed
envelopes)), and check or money order if required by this section, and
shall attach the return receipt or electronic return receipt delivery
confirmation to the affidavit.
Sec. 7 RCW 6.27.140 and 2011 c 162 s 5 are each amended to read
as follows:
(1) The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the following form,
printed or typed in ((type)) no smaller than ((elite type)) size twelve
point font type:
A Writ of Garnishment issued in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to you will be ((forty)) a percent of ((wages due you, but if you are supporting a spouse, state registered domestic partner, or dependent child, you are entitled to claim an additional ten percent as exempt)) your disposable earnings, which is fifty percent of that part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld.
BANK ACCOUNTS. If the garnishee is a bank or other institution with which you have an account in which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, or ((a United States pension)) any federally qualified pension, such as a state or
federal pension, individual retirement account (IRA), or 401K plan, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including money in a bank account up to $200.00 for debts owed to state agencies, or up to $500.00 for all other debts) and certain other property such as household furnishings, tools of trade, and a motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. If the plaintiff does not object to your claim, the funds or other property that you have claimed as exempt must be released not later than 10 days after the plaintiff receives your claim form. If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
Sec. 8 RCW 6.27.140 and 2011 c 162 s 6 are each amended to read
as follows:
(1) The notice required by RCW 6.27.130(1) to be mailed to or
served on an individual judgment debtor shall be in the following form,
printed or typed in ((type)) no smaller than ((elite type)) size twelve
point font:
A Writ of Garnishment issued in a Washington court has been or will be served on the garnishee named in the attached copy of the writ. After receipt of the writ, the garnishee is required to withhold payment of any money that was due to you and to withhold any other property of yours that the garnishee held or controlled. This notice of your rights is required by law.
YOU HAVE THE FOLLOWING EXEMPTION RIGHTS:
WAGES. If the garnishee is your employer who owes wages or other personal earnings to you, your employer is required to pay amounts to you that are exempt under state and federal laws, as explained in the writ of garnishment. You should receive a copy of your employer's answer, which will show how the exempt amount was calculated. If the garnishment is for child support, the exempt amount paid to you will be ((forty)) a percent of ((wages due you, but if you are supporting a spouse, state registered domestic partner, or dependent child, you are entitled to claim an additional ten percent as exempt))
your disposable earnings, which is fifty percent of that part of your earnings remaining after your employer deducts those amounts which are required by law to be withheld.
BANK ACCOUNTS. If the garnishee is a bank or other institution with which you have an account in which you have deposited benefits such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI), Social Security, veterans' benefits, unemployment compensation, or ((a United States pension)) any federally qualified pension, such as a state or federal pension, individual retirement account (IRA), or 401K plan, you may claim the account as fully exempt if you have deposited only such benefit funds in the account. It may be partially exempt even though you have deposited money from other sources in the same account. An exemption is also available under RCW 26.16.200, providing that funds in a community bank account that can be identified as the earnings of a stepparent are exempt from a garnishment on the child support obligation of the parent.
OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts certain property of your choice (including up to $500.00 in a bank account) and certain other property such as household furnishings, tools of trade, and a motor vehicle (all limited by differing dollar values).
HOW TO CLAIM EXEMPTIONS. Fill out the enclosed claim form and mail or deliver it as described in instructions on the claim form. If the plaintiff does not object to your claim, the funds or other property that you have claimed as exempt must be released not later than 10 days after the plaintiff receives your claim form. If the plaintiff objects, the law requires a hearing not later than 14 days after the plaintiff receives your claim form, and notice of the objection and hearing date will be mailed to you at the address that you put on the claim form.
THE LAW ALSO PROVIDES OTHER EXEMPTION RIGHTS. IF NECESSARY, AN
ATTORNEY CAN ASSIST YOU TO ASSERT THESE AND OTHER RIGHTS, BUT YOU MUST ACT IMMEDIATELY TO AVOID LOSS OF RIGHTS BY DELAY.
Sec. 9 RCW 6.27.150 and 1991 c 365 s 26 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, if the
garnishee is an employer owing the defendant earnings, then for each
week of such earnings, an amount shall be exempt from garnishment which
is the greatest of the following:
(a) Thirty-five times the federal minimum hourly wage ((prescribed
by section 206(a)(1) of Title 29 of the United States Code)) in effect
at the time the earnings are payable; or
(b) Seventy-five percent of the disposable earnings of the
defendant.
(2) In the case of a garnishment based on a judgment or other
((court)) order for child support or court order for spousal
maintenance, other than a mandatory wage assignment order pursuant to
chapter 26.18 RCW, or a mandatory assignment of retirement benefits
pursuant to chapter 41.50 RCW, the exemption shall be fifty percent of
the disposable earnings of the defendant ((if the individual is
supporting a spouse or dependent child (other than a spouse or child on
whose behalf the garnishment is brought), or forty percent of the
disposable earnings of the defendant if the individual is not
supporting such a spouse or dependent child)).
(3) The exemptions stated in this section shall apply whether such
earnings are paid, or are to be paid, weekly, monthly, or at other
intervals, and whether earnings are due the defendant for one week, a
portion thereof, or for a longer period.
(4) Unless directed otherwise by the court, the garnishee shall
determine and deduct exempt amounts under this section as directed in
the writ of garnishment and answer, and shall pay these amounts to the
defendant.
(5) No money due or earned as earnings as defined in RCW 6.27.010
shall be exempt from garnishment under the provisions of RCW 6.15.010,
as now or hereafter amended.
Sec. 10 RCW 6.27.190 and 2003 c 222 s 8 are each amended to read
as follows:
(1) The answer of the garnishee shall be signed by the garnishee or
attorney or if the garnishee is a corporation, by an officer, attorney
or duly authorized agent of the garnishee, under penalty of perjury,
and the original and copies delivered, either personally or by mail,
((to the clerk of the court, one copy to the plaintiff or the
plaintiff's attorney, and one copy to the defendant. The answer shall
be made on a form substantially as appears in this section, served on
the garnishee with the writ. Prior to serving the answer forms for a
writ for continuing lien on earnings, the plaintiff shall fill in the
minimum exemption amounts for the different pay periods, and the
maximum percentages of disposable earnings subject to lien and exempt
from lien)) as instructed in the writ.
(2) If the writ of garnishment is for a continuing lien, the answer
forms shall be as prescribed in RCW 6.27.340 and 6.27.350.
(3) If the writ is not directed to an employer for the purpose of
garnishing the defendant's wages, the ((paragraphs in section II of the
answer relating to earnings and calculations of withheld amounts may be
omitted.)) answer shall be substantially in the following form:
Sec. 11 RCW 6.27.200 and 2003 c 222 s 9 are each amended to read
as follows:
If the garnishee fails to answer the writ within the time
prescribed in the writ, after the time to answer the writ has expired
and after required returns or affidavits have been filed, showing
service on the garnishee and service on or mailing to the defendant, it
shall be lawful for the court to render judgment by default against
such garnishee, after providing a notice to the garnishee by personal
service or first-class mail deposited in the mail at least ten calendar
days prior to entry of the judgment, for the full amount claimed by the
plaintiff against the defendant, or in case the plaintiff has a
judgment against the defendant, for the full amount of the plaintiff's
unpaid judgment against the defendant with all accruing interest and
costs as prescribed in RCW 6.27.090: PROVIDED, That upon motion by the
garnishee at any time within seven days following service on, or
mailing to, the garnishee of a copy of the first writ of execution or
writ of garnishment under such judgment, the judgment against the
garnishee shall be reduced to the amount of any nonexempt funds or
property which was actually in the possession of the garnishee at the
time the writ was served, plus the cumulative amount of the nonexempt
earnings subject to the lien provided for in RCW 6.27.350, or the sum
of one hundred dollars, whichever is more, but in no event to exceed
the full amount claimed by the plaintiff or the amount of the unpaid
judgment against the principal defendant ((plus)) with all accruing
interest and costs and attorney's fees as prescribed in RCW 6.27.090,
plus the accruing interest and costs and attorneys' fees as prescribed
in RCW 6.27.090 for any garnishment on the judgment against the
garnishee, and in addition the plaintiff shall be entitled to a
reasonable attorney's fee for the plaintiff's response to the
garnishee's motion to reduce said judgment against the garnishee under
this proviso and the court may allow additional attorney's fees for
other actions taken because of the garnishee's failure to answer.
Sec. 12 RCW 6.27.250 and 2003 c 222 s 10 are each amended to read
as follows:
(1)(a) If it appears from the answer of the garnishee or if it is
otherwise made to appear that the garnishee was indebted to the
defendant in any amount, not exempt, when the writ of garnishment was
served, and if the required return or affidavit showing service on or
mailing to the defendant is on file, the court shall render judgment
for the plaintiff against such garnishee for the amount so admitted or
found to be due to the defendant from the garnishee, unless such amount
exceeds the amount of the plaintiff's claim or judgment against the
defendant with accruing interest and costs and attorney's fees as
prescribed in RCW 6.27.090, in which case it shall be for the amount of
such claim or judgment, with said interest, costs, and fees. If there
is no unresolved exemption claim and no controversion, the plaintiff
may apply for the judgment and order to pay ex parte. In the case of
a superior court garnishment, the court shall order the garnishee to
pay to the plaintiff or to the plaintiff's attorney through the
registry of the court the amount of the judgment against the garnishee,
the clerk of the court shall note receipt of any such payment, and the
clerk of the court shall disburse the payment to the plaintiff. In the
case of a district court garnishment, the court shall order the
garnishee to pay the judgment amount directly to the plaintiff or to
the plaintiff's attorney. In either case, the court shall inform the
garnishee that failure to pay the amount may result in execution of the
judgment, including garnishment.
(b) If, prior to judgment, the garnishee tenders to the plaintiff
or to the plaintiff's attorney or to the court any amounts due, such
tender will support judgment against the garnishee in the amount so
tendered, subject to any exemption claimed within the time required in
RCW 6.27.160 after the amounts are tendered, and subject to any
controversion filed within the time required in RCW 6.27.210 after the
amounts are tendered. Any amounts tendered to the court by or on
behalf of the garnishee or the defendant prior to judgment shall be
disbursed to the party entitled to same upon entry of judgment or
order, and any amounts so tendered after entry of judgment or order
shall be disbursed upon receipt to the party entitled to same.
(2) If it shall appear from the answer of the garnishee and the
same is not controverted, or if it shall appear from the hearing or
trial on controversion or by stipulation of the parties that the
garnishee is indebted to the principal defendant in any sum, but that
such indebtedness is not matured and is not due and payable, and if the
required return or affidavit showing service on or mailing to the
defendant is on file, the court shall make an order requiring the
garnishee to pay such sum into court when the same becomes due, the
date when such payment is to be made to be specified in the order, and
in default thereof that judgment shall be entered against the garnishee
for the amount of such indebtedness so admitted or found due. In case
the garnishee pays the sum at the time specified in the order, the
payment shall operate as a discharge, otherwise judgment shall be
entered against the garnishee for the amount of such indebtedness,
which judgment shall have the same force and effect, and be enforced in
the same manner as other judgments entered against garnishees as
provided in this chapter: PROVIDED, That if judgment is rendered in
favor of the principal defendant, or if any judgment rendered against
the principal defendant is satisfied prior to the date of payment
specified in an order of payment entered under this subsection, the
garnishee shall not be required to make the payment, nor shall any
judgment in such case be entered against the garnishee.
(3) The court shall, upon request of the plaintiff at the time
judgment is rendered against the garnishee or within one year
thereafter, or within one year after service of the writ on the
garnishee if no judgment is taken against the garnishee, render
judgment against the defendant for recoverable garnishment costs and
attorney fees. However, if it appears from the answer of garnishee or
otherwise that, at the time the writ was issued, the garnishee held no
funds, personal property, or effects of the defendant and, in the case
of a garnishment on earnings, the defendant was not employed by the
garnishee, or, in the case of a writ directed to a financial
institution, the defendant maintained no account therein, then the
plaintiff may not be awarded judgment against the defendant for such
costs or attorney fees.
Sec. 13 RCW 6.27.330 and 1987 c 442 s 1032 are each amended to
read as follows:
A judgment creditor may obtain a continuing lien on earnings by a
garnishment pursuant to ((RCW 6.27.340, 6.27.350, 6.27.360, and
7.33.390)) this chapter.
Sec. 14 RCW 6.27.350 and 2003 c 222 s 14 are each amended to read
as follows:
(1) Where the garnishee's answer to a garnishment for a continuing
lien reflects that the defendant is employed by the garnishee, the
judgment or balance due thereon as reflected on the writ of garnishment
shall become a lien on earnings due at the time of the effective date
of the writ, as defined in this subsection, to the extent that they are
not exempt from garnishment, and such lien shall continue as to
subsequent nonexempt earnings until the total subject to the lien
equals the amount stated on the writ of garnishment or until the
expiration of the employer's payroll period ending on or before sixty
days after the effective date of the writ, whichever occurs first,
except that such lien on subsequent earnings shall terminate sooner if
the employment relationship is terminated or if the underlying judgment
is vacated, modified, or satisfied in full or if the writ is dismissed.
The "effective date" of a writ is the date of service of the writ if
there is no previously served writ; otherwise, it is the date of
termination of a previously served writ or writs.
(2) At the time of the expected termination of the lien, the
plaintiff shall mail to the garnishee ((three additional stamped
envelopes addressed as provided in RCW 6.27.110, and four additional
copies)) one copy of the answer form prescribed in RCW ((6.27.190))
6.27.340. The plaintiff shall replace the text of section I of the
answer form with a statement in substantially the following form:
"ANSWER SECTION II OF THIS FORM WITH RESPECT TO THE TOTAL AMOUNT OF
EARNINGS WITHHELD UNDER THIS GARNISHMENT, INCLUDING THE AMOUNT, IF ANY,
STATED IN YOUR FIRST ANSWER, AND WITHIN TWENTY DAYS AFTER YOU RECEIVE
THESE FORMS, MAIL OR DELIVER THEM AS DIRECTED IN THE WRIT."
Sec. 15 RCW 6.27.360 and 1997 c 296 s 8 are each amended to read
as follows:
(1) Except as provided in subsection (((2))) (3) of this section,
a lien obtained under RCW 6.27.350 shall have priority over any
subsequent garnishment lien or wage assignment except that service of
a writ shall not be effective to create a continuing lien with such
priority if a writ in the same case is pending at the time of the
service of the new writ.
(2) A lien obtained under RCW 6.27.350 shall have priority over any
prior wage assignment, except an assignment for child support as
provided in subsection (3) of this section and an assignment for legal
financial obligations as provided under RCW 9.94A.760, 9.94A.7702, and
72.09.111.
(3) A lien obtained under RCW 6.27.350 shall not have priority over
a notice of payroll deduction issued under RCW 26.23.060 or a wage
assignment or other garnishment for child support issued under chapters
26.18 and 74.20A RCW. Should nonexempt wages remain after deduction of
all amounts owing under a notice of payroll deduction, wage assignment,
or garnishment for child support, the garnishee shall withhold the
remaining nonexempt wages under the lien obtained under RCW 6.27.350.
Sec. 16 RCW 6.27.370 and 1997 c 296 s 9 are each amended to read
as follows:
(1) Whenever the federal government is named as a garnishee
defendant, the attorney for the plaintiff, or the clerk of the court
shall, upon submitting a notice in the appropriate form by the
plaintiff, issue a notice which directs the garnishee defendant to
disburse any nonexempt earnings to the court in accordance with the
garnishee defendant's normal pay and disbursement cycle.
(2) Funds received by the clerk from a garnishee defendant may be
deposited into the registry of the court or, in the case of negotiable
instruments, may be retained in the court file. Upon presentation of
an order directing the clerk to disburse the funds received, the clerk
shall pay or endorse the funds over to the party entitled to receive
the funds. Except for good cause shown, the funds shall not be paid or
endorsed to the plaintiff prior to the expiration of any minimum
statutory period allowed to the defendant for filing an exemption
claim.
(3) The plaintiff shall, in the same manner permitted for service
of the writ of garnishment, provide to the garnishee defendant a copy
of the notice issued ((by the clerk and an envelope addressed to the
court)) under subsection (1) of this section, and shall supply to the
garnished party a copy of the notice.
(4) Any answer or processing fees charged by the garnishee
defendant to the plaintiff under federal law shall be a recoverable
cost under RCW 6.27.090.
(5) The notice to the federal government garnishee shall be in
substantially the following form:
This notice is issued by the undersigned attorney of record for plaintiff under the authority of RCW 6.27.370, and must be complied with in the same manner as a notice issued by the court.
Sec. 17 RCW 2.10.180 and 1991 c 365 s 18 are each amended to read
as follows:
(1) Except as provided in subsections (2), (3), and (4) of this
section, the right of a person to a retirement allowance, disability
allowance, or death benefit, the retirement, disability or death
allowance itself, any optional benefit, any other right accrued or
accruing to any person under the provisions of this chapter, and the
moneys in the fund created under this chapter, are hereby exempt from
any state, county, municipal, or other local tax and shall not be
subject to execution, garnishment, or any other process of law
whatsoever whether the same be in actual possession of the person or be
deposited or loaned.
(2) Subsection (1) of this section shall not be deemed to prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or
plan issued for the benefit of a group comprised of public employees of
the state of Washington.
(3) Deductions made in the past from retirement benefits are hereby
expressly recognized, ratified, and affirmed. Future deductions may
only be made in accordance with this section.
(4) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a) a wage
assignment order for child support issued pursuant to chapter 26.18
RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW,
(c) an order to withhold and deliver issued pursuant to chapter 74.20A
RCW, (d) a mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of
retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
Sec. 18 RCW 2.12.090 and 1991 c 365 s 19 are each amended to read
as follows:
(1) Except as provided in subsections (2), (3), and (4) of this
section, the right of any person to a retirement allowance or optional
retirement allowance under the provisions of this chapter and all
moneys and investments and income thereof are exempt from any state,
county, municipal, or other local tax and shall not be subject to
execution, garnishment, attachment, the operation of bankruptcy or the
insolvency laws, or other processes of law whatsoever whether the same
be in actual possession of the person or be deposited or loaned and
shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a) a wage
assignment order for child support issued pursuant to chapter 26.18
RCW, (b) a notice of payroll deduction issued under chapter 26.23 RCW,
(c) an order to withhold and deliver issued pursuant to chapter 74.20A
RCW, (d) a mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of
retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or
plan issued for the benefit of a group comprised of public employees of
the state of Washington.
(4) Deductions made in the past from retirement benefits are hereby
expressly recognized, ratified, and affirmed. Future deductions may
only be made in accordance with this section.
Sec. 19 RCW 41.20.180 and 1979 ex.s. c 205 s 2 are each amended
to read as follows:
The right of a person to a pension, an annuity, or retirement
allowance, or disability allowance, or death benefits, or any optional
benefit, or any other right accrued or accruing to any person under the
provisions of this chapter, and any fund created hereby, and all moneys
and investments and income thereof, are exempt from any state, county,
municipal, or other local tax, and shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or insolvency
laws, or other process of law whatsoever, whether the same be in actual
possession of the person or be deposited or loaned and shall be
unassignable: PROVIDED, That benefits under this chapter shall be
payable to a spouse or ex-spouse to the extent expressly provided for
in any court decree of dissolution or legal separation or in any court
order or court-approved property settlement agreement incident to any
court decree of dissolution or legal separation.
Sec. 20 RCW 41.32.052 and 1991 c 365 s 21 and 1991 c 35 s 63 are
each reenacted and amended to read as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a pension, an annuity, a retirement allowance, or
disability allowance, to the return of contributions, any optional
benefit or death benefit, any other right accrued or accruing to any
person under the provisions of this chapter and the moneys in the
various funds created by this chapter shall be unassignable, and are
hereby exempt from any state, county, municipal or other local tax, and
shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process of law
whatsoever whether the same be in actual possession of the person or be
deposited or loaned.
(2) This section shall not be deemed to prohibit a beneficiary of
a retirement allowance who is eligible:
(a) Under RCW 41.05.080 from authorizing monthly deductions
therefrom for payment of premiums due on any group insurance policy or
plan issued for the benefit of a group comprised of public employees of
the state of Washington or its political subdivisions;
(b) Under a group health care benefit plan approved pursuant to RCW
28A.400.350 or 41.05.065 from authorizing monthly deductions therefrom,
of the amount or amounts of subscription payments, premiums, or
contributions to any person, firm, or corporation furnishing or
providing medical, surgical, and hospital care or other health care
insurance; or
(c) Under this system from authorizing monthly deductions therefrom
for payment of dues and other membership fees to any retirement
association composed of retired teachers and/or public employees
pursuant to a written agreement between the director and the retirement
association.
Deductions under (a) and (b) of this subsection shall be made in
accordance with rules that may be adopted by the director.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) an order to withhold
and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of
payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory
benefits assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly
to an obligee under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
Sec. 21 RCW 41.26.053 and 1991 c 365 s 20 and 1991 c 35 s 25 are
each reenacted and amended to read as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a retirement allowance, disability allowance, or death
benefit, to the return of accumulated contributions, the retirement,
disability or death allowance itself, any optional benefit, any other
right accrued or accruing to any person under the provisions of this
chapter, and the moneys in the fund created under this chapter, are
hereby exempt from any state, county, municipal, or other local tax and
shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or any other process of law
whatsoever, whether the same be in actual possession of the person or
be deposited or loaned and shall be unassignable.
(2) On the written request of any person eligible to receive
benefits under this section, the department may deduct from such
payments the premiums for life, health, or other insurance. The
request on behalf of any child or children shall be made by the legal
guardian of such child or children. The department may provide for
such persons one or more plans of group insurance, through contracts
with regularly constituted insurance carriers or health care service
contractors.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) an order to withhold
and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of
payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory
benefits assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly
to an obligee under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
Sec. 22 RCW 41.28.200 and 1939 c 207 s 21 are each amended to
read as follows:
The right of a person to a pension, an annuity or a retirement
allowance, to the return of contributions, the pension, annuity or
retirement allowance itself, any optional benefit, any other right
accrued or accruing to any person under the provisions of this chapter,
and the moneys in the fund created under this chapter shall not be
subject to execution, garnishment, attachment, or any other process
whatsoever, whether the same be in actual possession of the person or
be deposited or loaned and shall be unassignable except as in this
chapter specifically provided.
Sec. 23 RCW 41.34.080 and 2000 c 247 s 405 are each amended to
read as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a pension, an annuity, a retirement allowance, any
optional benefit, any other right accrued or accruing to any person
under the provisions of this chapter, and the various funds created by
chapter 239, Laws of 1995; chapter 341, Laws of 1998; and chapter 247,
Laws of 2000 and all moneys and investments and income thereof, is
hereby exempt from any state, county, municipal, or other local tax,
and shall not be subject to execution, garnishment, attachment, the
operation of bankruptcy or insolvency laws, or other process of law
whatsoever, whether the same be in actual possession of the person or
be deposited or loaned and shall be unassignable.
(2) This section shall not be deemed to prohibit a beneficiary of
a retirement allowance from authorizing deductions therefrom for
payment of premiums due on any group insurance policy or plan issued
for the benefit of a group comprised of public employees of the state
of Washington or its political subdivisions and that has been approved
for deduction in accordance with rules that may be adopted by the state
health care authority and/or the department. This section shall not be
deemed to prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the
membership of which is composed of retired public employees, if a total
of three hundred or more of such retired employees have authorized such
deduction for payment to the same retirement association or
organization.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) an order to withhold
and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of
payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory
benefits assignment order issued by the department, (e) a court order
directing the department to pay benefits directly to an obligee under
a dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
Sec. 24 RCW 41.35.100 and 1998 c 341 s 11 are each amended to
read as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a pension, an annuity, or retirement allowance, any
optional benefit, any other right accrued or accruing to any person
under the provisions of this chapter, the various funds created by this
chapter, and all moneys and investments and income thereof, are hereby
exempt from any state, county, municipal, or other local tax, and shall
not be subject to execution, garnishment, attachment, the operation of
bankruptcy or insolvency laws, or other process of law whatsoever,
whether the same be in actual possession of the person or be deposited
or loaned and shall be unassignable.
(2) This section does not prohibit a beneficiary of a retirement
allowance from authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its
political subdivisions and which has been approved for deduction in
accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of dues and other membership fees to any
retirement association or organization the membership of which is
composed of retired public employees, if a total of three hundred or
more of such retired employees have authorized such deduction for
payment to the same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the department
from complying with (a) a wage assignment order for child support
issued pursuant to chapter 26.18 RCW, (b) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll
deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order directing
the department of retirement systems to pay benefits directly to an
obligee under a dissolution order as defined in RCW 41.50.500(3) which
fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
Sec. 25 RCW 41.37.090 and 2004 c 242 s 12 are each amended to
read as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a pension, an annuity, or retirement allowance, any
optional benefit, any other right accrued or accruing to any person
under this chapter, the various funds created by this chapter, and all
moneys and investments and income thereof, are hereby exempt from any
state, county, municipal, or other local tax, and shall not be subject
to execution, garnishment, attachment, the operation of bankruptcy or
insolvency laws, or other process of law whatsoever, whether the same
be in actual possession of the person or be deposited or loaned and
shall be unassignable.
(2) This section does not prohibit a beneficiary of a retirement
allowance from authorizing deductions therefrom for payment of premiums
due on any group insurance policy or plan issued for the benefit of a
group comprised of public employees of the state of Washington or its
political subdivisions and which has been approved for deduction in
accordance with rules that may be adopted by the state health care
authority and/or the department. This section also does not prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of dues and other membership fees to any
retirement association or organization the membership of which is
composed of retired public employees, if a total of three hundred or
more retired employees have authorized the deduction for payment to the
same retirement association or organization.
(3) Subsection (1) of this section does not prohibit the department
from complying with (a) a wage assignment order for child support
issued pursuant to chapter 26.18 RCW, (b) an order to withhold and
deliver issued pursuant to chapter 74.20A RCW, (c) a notice of payroll
deduction issued pursuant to RCW 26.23.060, (d) a mandatory benefits
assignment order issued by the department, (e) a court order directing
the department to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
Sec. 26 RCW 41.40.052 and 1999 c 83 s 1 are each amended to read
as follows:
(1) Subject to subsections (2) and (3) of this section, the right
of a person to a pension, an annuity, or retirement allowance, any
optional benefit, any other right accrued or accruing to any person
under the provisions of this chapter, the various funds created by this
chapter, and all moneys and investments and income thereof, are hereby
exempt from any state, county, municipal, or other local tax, and shall
not be subject to execution, garnishment, attachment, the operation of
bankruptcy or insolvency laws, or other process of law whatsoever,
whether the same be in actual possession of the person or be deposited
or loaned and shall be unassignable.
(2)(a) This section shall not be deemed to prohibit a beneficiary
of a retirement allowance from authorizing deductions therefrom for
payment of premiums due on any group insurance policy or plan issued
for the benefit of a group comprised of public employees of the state
of Washington or its political subdivisions and which has been approved
for deduction in accordance with rules that may be adopted by the state
health care authority and/or the department, and this section shall not
be deemed to prohibit a beneficiary of a retirement allowance from
authorizing deductions therefrom for payment of dues and other
membership fees to any retirement association or organization the
membership of which is composed of retired public employees, if a total
of three hundred or more of such retired employees have authorized such
deduction for payment to the same retirement association or
organization.
(b) This section does not prohibit a beneficiary of a retirement
allowance from authorizing deductions from that allowance for
charitable purposes on the same terms as employees and public officers
under RCW 41.04.035 and 41.04.036.
(3) Subsection (1) of this section shall not prohibit the
department from complying with (a) a wage assignment order for child
support issued pursuant to chapter 26.18 RCW, (b) an order to withhold
and deliver issued pursuant to chapter 74.20A RCW, (c) a notice of
payroll deduction issued pursuant to RCW 26.23.060, (d) a mandatory
benefits assignment order issued by the department, (e) a court order
directing the department of retirement systems to pay benefits directly
to an obligee under a dissolution order as defined in RCW 41.50.500(3)
which fully complies with RCW 41.50.670 and 41.50.700, or (f) any
administrative or court order expressly authorized by federal law.
Sec. 27 RCW 41.44.240 and 1989 c 360 s 28 are each amended to
read as follows:
The right of a person to a pension, annuity or a retirement
allowance, to the return of contribution, the pension, annuity or
retirement allowance itself, any optional benefit, any other right
accrued or accruing to any person under the provisions of this chapter,
and the moneys in the fund created under this chapter shall not be
subject to execution, garnishment, or any other process whatsoever
whether the same be in actual possession of the person or be deposited
or loaned. This section shall not apply to child support collection
actions taken under chapter 26.18, 26.23, or 74.20A RCW against
benefits payable under any such plan or arrangement. Benefits under
this chapter shall be payable to a spouse or ex-spouse to the extent
expressly provided for in any court decree of dissolution or legal
separation or in any court order or court-approved property settlement
agreement incident to any court decree of dissolution or legal
separation.
Sec. 28 RCW 43.43.310 and 1991 c 365 s 23 are each amended to
read as follows:
(1) Except as provided in subsections (2) and (3) of this section,
the right of any person to a retirement allowance or optional
retirement allowance under the provisions hereof and all moneys and
investments and income thereof are exempt from any state, county,
municipal, or other local tax and shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or the insolvency
laws, or other processes of law whatsoever, whether the same be in
actual possession of the person or be deposited or loaned and shall be
unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a) a wage
assignment order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to chapter
74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW
26.23.060, (d) a mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of
retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or
plan issued for the benefit of a group comprised of members of the
Washington state patrol or other public employees of the state of
Washington, or for contributions to the Washington state patrol
memorial foundation.
NEW SECTION. Sec. 29 Section 7 of this act expires January 1,
2018.
NEW SECTION. Sec. 30 Section 8 of this act takes effect January
1, 2018.