PDFWAC 415-501-495

Will the department honor domestic relations orders?

(1) The department will honor a domestic relations order (DRO) only if the order:
(a) Was entered by a court of competent jurisdiction pursuant to the domestic relations law of any state;
(b) Establishes a right of a spouse or former spouse to a portion of your deferred compensation account pursuant to a division of property;
(c) Clearly states either the dollar amount or a percentage of the account to be transferred to the account of the spouse or former spouse from your account; and
(d) Provides your name and date of birth, and the name and date of birth of your spouse or former spouse.
(2) You must provide the address and Social Security number of both you and your spouse or former spouse to the department.
(3) To implement a DRO, the department will establish a separate account for the spouse or former spouse in the amount specified in subsection (1)(c) of this section. The transfer(s) will be prorated across all funds and money sources based on the amount awarded to the spouse or former spouse. Thereafter, the spouse or former spouse may provide investment instructions under WAC 415-501-475.
(4) Your spouse or former spouse may choose a method of distribution, including an eligible direct rollover.
(5) If a DRO filed with the department prior to January 1, 2002, provides that distribution to the spouse or former spouse is not available until you separate from service, the department will comply with the express terms of the order unless it is subsequently amended.
(6) Required minimum distribution and determining age requirements for distribution. If the spouse or former spouse has a balance in their account at the time the original account holder reaches the required minimum distribution age, the department will begin distribution in accordance with the minimum distribution requirements as designated in Internal Revenue Code Section 401 (a)(9) and the treasury regulations thereunder.
(7) If the spouse or former spouse dies before the account is fully distributed, the remaining balance 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 and the SECURE Act 2.0 of 2022 (P.L. 117-328). WSR 24-20-120, s 415-501-495, filed 10/1/24, effective 11/1/24. Statutory Authority: RCW 41.50.050. WSR 20-17-006, § 415-501-495, filed 8/5/20, effective 9/5/20. Statutory Authority: RCW 41.50.050(5). WSR 14-10-045, § 415-501-495, 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, § 415-501-495, filed 10/29/04, effective 11/29/04. Statutory Authority: RCW 41.50.050(5), 41.50.060, 41.50.770, 41.50.780, 2001 c 42. WSR 02-12-084, § 415-501-495, filed 6/4/02, effective 7/5/02. 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, § 415-501-495, filed 12/19/01, effective 1/1/02. Statutory Authority: RCW 41.50.770, [41.50.]780 and 41.50.050. WSR 00-11-104, amended and recodified as § 415-501-495, filed 5/18/00, effective 6/18/00. Statutory Authority: RCW 41.50.050. WSR 98-20-047, § 415-512-095, filed 9/30/98, effective 10/31/98.]