Passed by the Senate March 14, 2007 YEAS 49   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 3, 2007 YEAS 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5918 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 18, 2007, 11:09 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 18, 2007 Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/07/2007. Referred to Committee on Ways & Means.
AN ACT Relating to retirement benefits for judges; and amending RCW 2.14.100 and 2.14.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 2.14.100 and 1988 c 109 s 21 are each amended to read
as follows:
(1) A member who separates from judicial service for any reason is
entitled to receive a lump sum distribution of the member's accumulated
contributions. The administrator for the courts may adopt rules
establishing other payment options, in addition to lump sum
distributions, if the other payment options conform to the requirements
of the federal internal revenue code.
(2) The right of a person to receive a payment under this chapter
and the moneys in the accounts created under this chapter are exempt
from any state, county, municipal, or other local tax and are not
subject to execution, garnishment, attachment, the operation of
bankruptcy or insolvency law, or any other process of law whatsoever
and is not assignable, except as is otherwise specifically provided in
this section.
(3) If a judgment, decree or other order, including a
court-approved property settlement agreement, that relates to the
provision of child support, spousal maintenance, or the marital
property rights of a spouse or former spouse, child, or other dependent
of a member is made pursuant to the domestic relations law of the state
of Washington or such order issued by a court of competent jurisdiction
in another state or country, that has been registered or otherwise made
enforceable in this state, then the amount of the member's accumulated
contributions shall be paid in the manner and to the person or persons
so directed in the domestic relations order. However, this subsection
does not permit or require a benefit to be paid or to be provided that
is not otherwise available under the terms of this chapter or any rules
adopted under this chapter. The administrator for the courts shall
establish reasonable procedures for determining the status or any such
decree or order and for effectuating distribution pursuant to the
domestic relations order.
(4) The administrator for the courts may pay from a member's
accumulated contributions the amount that the administrator finds is
lawfully demanded under a levy issued by the internal revenue service
with respect to that member or is sought to be collected by the United
States government under a judgment resulting from an unpaid tax
assessment against the member.
Sec. 2 RCW 2.14.110 and 2005 c 282 s 1 are each amended to read
as follows:
If a member dies, the amount of the accumulated contributions
standing to the member's credit at the time of the member's death,
subject to the provisions of chapter 26.16 RCW, shall be paid to the
member's estate, or such person or persons, trust, or organization as
the member has nominated by written designation duly executed and filed
with the administrative office of the courts. If there is no such
designated person or persons still living at the time of the member's
death, the member's accumulated contributions shall be paid to the
member's surviving spouse as if in fact the spouse had been nominated
by written designation or, if there is no such surviving spouse, then
to the member's legal representatives.