If you die with money in your account and your beneficiary is an individual other than your spouse, an account will be established in your beneficiary's name.
(1) For rules governing distribution to an entity other than an individual (e.g., a trust, estate, or organization), see WAC
415-501-493.
(2) The distribution options will be provided to your beneficiary when DCP is notified of your death. Your beneficiary may choose any method of distribution (annuity, periodic payments, or lump sum) that provides at least the required minimum distribution each calendar year until your account is exhausted.
(a) The department must receive your beneficiary's election at least thirty days before distribution is to begin.
(b) Receiving more than the required minimum distribution during one calendar year does not excuse your beneficiary from taking the required minimum in any calendar year to which the required minimum applies.
(3) Required minimum distribution.
(a) First required distribution if you die
before your "required beginning date" (see WAC
415-501-485 (1)(b)), your beneficiary may choose to receive the required minimum distribution under either the "life expectancy rule" or the "five year rule." Your beneficiary must elect one of the two rules at least thirty days before distribution would be required to begin under the life expectancy rule. If a timely election is not received, your beneficiary will be required to receive the required minimum distribution under the "five year rule."
(i) Life expectancy rule. Distribution under this rule allows your beneficiary to spread distribution over their life expectancy. Beginning in the calendar year following the calendar year of your death, your beneficiary must receive a required minimum distribution. This distribution must be taken by December 31st of the calendar year.
(ii) Five year rule. Under this rule, the first mandatory distribution is later than under the life expectancy rule. However, the beneficiary's entire account must be distributed on or before December 31st of the fifth calendar year following the calendar year of your death.
(b) First required distribution if you die
after your "required beginning date" (see WAC
415-501-485 (1)(b)), your beneficiary must receive a required minimum distribution during the calendar year following the year of your death. The distribution must be taken by December 31st of the applicable calendar year.
(c) Your beneficiary must receive a required minimum distribution during each subsequent calendar year until the account is exhausted.
(d) The required minimum distribution in each of the relevant calendar years is based on life expectancies set forth in the treasury regulations.
(4) If your beneficiary dies before the entire account is exhausted, the remainder of the account will be paid according to the beneficiary election(s) on file (see WAC
415-501-480). If there is no beneficiary election on file, the remaining balance will be paid to their estate.
[Statutory Authority: RCW
41.50.050. WSR 20-17-006, § 415-501-491, filed 8/5/20, effective 9/5/20. Statutory Authority: RCW
41.50.050(5). WSR 14-10-045, § 415-501-491, filed 4/30/14, effective 6/1/14. Statutory Authority: RCW
41.50.050(5),
41.50.780(10), and
41.50.770. WSR 04-22-053, § 415-501-491, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW
41.50.050(5),
41.50.030(2),
41.50.088(2),
41.50.770, and
41.50.780, 26 U.S.C. (Internal Revenue Code) and related tax regulations. WSR 02-01-121, § 415-501-491, filed 12/19/01, effective 1/1/02.]