WSR 26-14-122
PROPOSED RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed July 1, 2026, 11:37 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-04-142.
Title of Rule and Other Identifying Information: Nonspouse survivor benefit options.
Hearing Location(s): On August 4, 2026, at 2:00 p.m., via Microsoft Teams at https://www.drs.wa.gov/sitemap/rules/#proposed-rule-hearings, Meeting ID 277 830 019 137 396, Passcode xR3zg3Vp; or phone 833-322-1218, Code 532 948 671#.
Date of Intended Adoption: August 11, 2026.
Submit Written Comments to: Bianca Stoner, Department of Retirement Systems (DRS), P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, beginning July 7, 2026, 8:00 a.m., by August 3, 2026, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Bianca Stoner, phone 360-664-7291, TTY 711, email drs.rules@drs.wa.gov, by July 31, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DRS is updating rules to align with certain Internal Revenue Service (IRS) requirements governing nonspouse survivor benefits from a retirement plan.
Reasons Supporting Proposal: When a member of a DRS retirement plan picks a beneficiary for a DRS retirement account, if the beneficiary [is] not the member's spouse and is 11 or more years younger than the member, IRS limits the options that are available for the beneficiary to receive the funds. This rule-making process aligns DRS rules with these IRS requirements.
Statutory Authority for Adoption: RCW
41.50.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DRS, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Seth Miller, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7304.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. RCW
34.05.328 (5)(a)(i) does not apply to this proposed rule, and DRS is not voluntarily making it applicable.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: Rules from DRS only affect members and beneficiaries of the state retirement systems and participating public employers. As a result, the rules do not affect small businesses.
Scope of exemption for rule proposal:
Is fully exempt.
July 1, 2026
Bianca Stoner
Rules Coordinator
RDS-7210.3
AMENDATORY SECTION(Amending WSR 20-06-040, filed 2/27/20, effective 3/29/20)
WAC 415-02-380How will my retirement benefit be affected if I choose a survivor option?
If you choose a survivor benefit option, your benefit will be affected as described in this section.
(1) What is a survivor benefit option? A survivor benefit option will pay a lifetime monthly benefit to your survivor beneficiary after your death.
(2) What is a survivor beneficiary? A survivor beneficiary is the person you designate to receive a lifetime monthly benefit after your death.
(3) What benefit options are available? All available benefit options, including survivor benefit options, are described in detail for each system and plan in the following state laws and agency rules:
LEOFF Plan 1: | | WAC 415-104-202 |
LEOFF Plan 2: | | WAC 415-104-215 |
PERS Plan 1: | | WAC 415-108-326 |
PERS Plan 2: | | WAC 415-108-326 |
PERS Plan 3: | | WAC 415-108-326 |
PSERS: | | WAC 415-106-600 |
SERS Plans 2 and 3: | | WAC 415-110-610 |
TRS Plan 1: | | WAC 415-112-504 |
TRS Plan 2: | | WAC 415-112-505 |
TRS Plan 3: | | WAC 415-112-505 |
WSPRS Plan 1: | | WAC 415-103-215 |
WSPRS Plan 2: | | WAC 415-103-225 |
(4) How will selecting a survivor benefit option affect my monthly retirement benefit? If you select a survivor benefit option your monthly retirement benefit will be reduced to offset the cost of potentially paying the benefit for a longer period of time. The reduction will be based on survivor option factors that are available on the DRS website.
(5) Does my survivor beneficiary's age affect how much my monthly retirement benefit will be reduced? Yes. Your survivor beneficiary's age is used in determining the amount of your monthly retirement benefit and the benefit of your survivor beneficiary. The younger the survivor beneficiary, the longer they are expected to receive a benefit. Your monthly benefit will be reduced accordingly.
(a) Example:
Kendra, a PERS Plan 2 member, chooses Option 3 (joint and 50 percent survivorship) at retirement. Her monthly Option 1 nonsurvivor benefit amount, which would stop at the time of her death, is $2,000.00. She names her nephew, Steve, as her survivor beneficiary. This means, if Kendra dies before Steve, Steve will receive a monthly benefit equal to half the amount Kendra was receiving. Steve is 30 years younger than Kendra. The department will reduce Kendra's monthly retirement benefit using the survivor option factor for a member who is 30 years older than the beneficiary. For illustration purposes in this example only, we will use 0.776 as the corresponding Option 3 benefit factor (actuarial factors change periodically). As a result, Kendra's Option 3 monthly benefit amount will be $1,552.00 ($2,000.00 x 0.776).
(b) Example:
Mark, a LEOFF Plan 2 member, chooses Option 2 (joint and 100 percent survivorship) at retirement. His monthly Option 1 nonsurvivor benefit amount, which would stop at the time of his death, is $2,000.00. He names his wife, Susan, as his survivor beneficiary. This means, if Mark dies before Susan, Susan will receive a monthly benefit equal to the amount Mark was receiving. Mark is five years younger than Susan. The department will reduce Mark's monthly retirement benefit using the survivor option factor for a member who is five years younger than the beneficiary. For illustration purposes in this example only, we will use 0.898 as the corresponding Option 2 benefit factor (actuarial factors change periodically). As a result, Mark's Option 2 monthly benefit amount will be $1,796.00 ($2,000.00 x 0.898).
(6) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the age difference between you and your survivor.
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 (24 minus 10) years. Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(7)What if my survivor beneficiary passes away before I do? If you are receiving a reduced benefit with a survivor option and your survivor passes away before you do, you may request to have your benefit increased to the Option 1 nonsurvivor amount. Your benefit increase will be effective the first of the month following your survivor's passing. DRS may require a copy of your survivor's certified death certificate.
(a) How will my new benefit amount be calculated?
(i) If you retired on or after January 1, 1996, and are not a member of LEOFF Plan 1, or if you are a member of WSPRS Plan 1 regardless of your retirement date, your new benefit amount will be calculated as follows:
Your original Option 1 nonsurvivor benefit amount
+ the sum of Cost of Living Adjustments (COLAs) added
to your benefit prior to your survivor's death
(ii) If you retired prior to January 1, 1996, and are not a member of WSPRS Plan 1, or if you are a member of LEOFF Plan 1 regardless of your retirement date, your new benefit amount will be calculated as follows:
Benefit Amount ÷ the Administrative Factor
The "benefit amount" is your retirement benefit as of July 1, 1998, or as of the date of your survivor's death, whichever is later.
The "administrative factor" is the rate that was used to calculate your reduced benefit for the continuing survivor option. If you retired prior to January 1, 1996, the administrative factor is the rate that was in effect on July 1, 1998, and is available for reference on the DRS website.
(b) If you are a PERS Plan 1 member receiving "state-funded long-term care services" as defined in RCW
41.40.189, you are not eligible for the increase described in this subsection if it would make you ineligible for the state-funded long-term care services. You must notify DRS to waive the increase if this applies to you.
RDS-7211.3
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-103-225What are my WSPRS Plan 2 retirement benefit options?
This section applies to WSPRS Plan 2 members. Upon retirement for service under RCW
43.43.250, you must choose to have your monthly retirement benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b) through (d) of this section include a survivor option. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." Upon your death your survivor beneficiary will be entitled to receive a monthly benefit for the duration of his or her life. Your monthly retirement benefit will be actuarially reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit is affected by choosing a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your life. Your monthly benefit will cease upon your death.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667 percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must submit your spouse's consent, verified by notarization or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
43.43.271(2).
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, verified spousal consent is required. If you do not provide spousal consent, verified by notarization or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
43.43.271(2).
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (4) of this section, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((5)))(6)What happens if I choose a benefit with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((6)))(7)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following four exceptions:
(a) Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement.
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor option and name your current spouse as survivor, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a benefit option with a survivor option and name a nonspouse as survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(((7)))(8)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(ii) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(iii) If not paid according to (a)(i) or (ii) of this subsection, then to your estate.
(b) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(ii) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your survivor beneficiary's spouse.
(iii) If not paid according to (b)(i) or (ii) of this subsection, then to your survivor beneficiary's estate.
((
(8)))
(9) For more information, see RCW
43.43.271.
RDS-7212.4
AMENDATORY SECTION(Amending WSR 20-06-040, filed 2/27/20, effective 3/29/20)
WAC 415-104-202What are my LEOFF Plan 1 retirement benefit options?
(1)
What are flexible survivor benefit options? RCW
41.26.164 allows a retiree to provide a survivor option for a spouse who is not eligible for survivor benefits under RCW
41.26.160 or
41.26.161. The survivor option will provide a lifetime benefit for the spouse after the retiree's death.
(2) How will my monthly retirement benefit be affected by selecting a flexible survivor option? Your monthly retirement benefit will be actuarially reduced beginning the first month following the month in which the department receives the completed form.
(3) What are the flexible survivor option choices?
(a) Joint and ((one hundred))100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, the department will pay your surviving spouse a monthly benefit equal to the gross monthly retirement benefit you were receiving.
(b) Joint and ((fifty))50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your surviving spouse will receive a gross monthly benefit equal to ((fifty))50 percent of your gross monthly benefit.
(c) Joint and two-thirds survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your surviving spouse will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(4) Do I qualify to add a flexible survivor option? You may select a flexible survivor option if:
(a) Your current spouse is not eligible for survivor benefits under RCW
41.26.160 or
41.26.161;
(b) Some portion of your monthly retirement benefit is payable to you, after any reduction pursuant to a property division obligation under RCW
41.50.670; and
(c) You meet the deadline and application requirements in subsection (((5)))(6) of this section.
(5) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 (24 minus 10) years. Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(6)How do I add a flexible survivor option? You may select a flexible survivor option and name your current spouse as your survivor beneficiary, provided that:
(a) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of the marriage, or as otherwise authorized by law;
(b) You provide a copy of your certified marriage certificate to the department;
(c) You provide proof, satisfactory to the department, of your current spouse's birthdate; and
(d) You file the properly completed forms with the department in a timely manner.
(((6)))(7)May I remove the flexible survivor option in the future? You may remove your flexible survivor option under the following circumstances:
(a) Your spouse dies before you. Your benefit may be increased as described in WAC 415-02-380 (6)(a)(ii).
(b) You and your spouse divorce. If you choose to remove your former spouse as your survivor, your benefit will increase to the amount you would have received had you not chosen a flexible survivor option plus any cost-of-living adjustments (COLA) you received prior to removing your survivor.
((
(7)))
(8)What happens to my eligible surviving children's share if I select a flexible survivor option? There is
no impact to the benefit provided under RCW
41.26.160 or
41.26.161 to surviving children if you select a flexible survivor option.
(((8)))(9)Actuarial information. See chapter 415-02 WAC starting with WAC 415-02-300 for information on how the department uses actuarial factors and schedules to calculate retirement benefits.
(((9)))(10)Terms used in this section:
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-104-215What are my LEOFF Plan 2 retirement benefit options?
If you retire for service under RCW
41.26.430 or nonduty disability under RCW
41.26.470, or if you choose to receive a monthly benefit for duty disability under RCW
41.26.470, you must choose to have your monthly retirement benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b) through (d) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by notarization or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.26.460(2).
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, verified spousal consent is required. If you do not provide spousal consent, verified by notarization or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.26.460(2).
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (((4)))(5) of this section, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years Eligible for 50 percent survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Do I have a benefit enhancements choice between the tiered multiplier and lump-sum benefit?
(a) If you were a LEOFF Plan 2 member on or before February 1, 2021, and are retiring with more than 15 years of service credit, you have a choice between the tiered multiplier and the lump-sum benefit. If you are retiring with 15 years or less service credit, you do not have a choice and will receive the lump-sum benefit.
(b) If you elect the lump-sum benefit and it is $20,000 or more, you are eligible to purchase an annuity with all or a portion of the lump-sum benefit. The minimum annuity purchase price is $20,000.
(c) If you became a LEOFF Plan 2 member after February 1, 2021, and are retiring with more than 15 years of service credit, you will receive the tiered multiplier benefit enhancement. Members retiring with 15 years of service credit or less will receive the standard retirement benefit calculation and not an enhanced benefit.
((
(5)))
(6)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((6)))(7)What happens if I choose a benefit option with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((7)))(8)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following five exceptions:
(a) Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement.
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a benefit option with a survivor option and name a nonspouse as survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(e) Retirement type changes. If your retirement status changes due to the acceptance of a new retirement application from service retirement to a nonduty, duty or catastrophic retirement, or duty to catastrophic retirement, you may select a different survivor benefit option. Your benefit will be recalculated to reflect your new survivor option in accordance with WAC 415-104-483.
(((8)))(9)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(ii) If you have not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your surviving spouse.
(iii) If not paid according to (a)(i) or (ii) of this subsection, then to your estate.
(b) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(ii) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your survivor beneficiary's spouse.
(iii) If not paid according to (b)(i) or (ii) of this subsection, then to your survivor beneficiary's estate.
((
(9)))
(10) For more information, see RCW
41.26.460.
RDS-7213.2
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-106-600What are my retirement benefit options?
Upon retirement for service under RCW
41.37.210 or retirement for disability under RCW
41.37.230, you must choose to have your retirement benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b) through (d) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by a notarized signature or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.37.170(2).
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, spousal consent is required. If you do not provide spousal consent, verified by a notarized signature or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.37.170(2).
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (((4)))(5) of this section, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((5)))(6)What happens if I choose a benefit with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((6)))(7)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following five exceptions:
(a)
Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW
41.37.050(3).
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a survivor benefit option and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(e) Retirement type changes. If your retirement status changes due to the acceptance of a new retirement application from service retirement to a disability or catastrophic retirement, or disability to catastrophic retirement, you may select a different survivor benefit option. Your benefit will be recalculated to reflect your new survivor option in accordance with WAC 415-106-530.
(((7)))(8)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(ii) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(iii) If not paid according to (a)(i) or (ii) of this subsection, then to your estate.
(b) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(i) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(ii) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your survivor beneficiary's spouse.
(iii) If not paid according to (b)(i) or (ii) of this subsection, then to your survivor beneficiary's estate. See RCW
41.37.170.
RDS-7214.2
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-108-326What are my retirement benefit options?
Upon retirement for service under RCW
41.40.180,
41.40.630, or
41.40.820, or for disability under RCW
41.40.210,
41.40.230,
41.40.670, or
41.40.825, you must choose to have the defined benefit portion of your retirement benefit paid to you by one of the options described in this section. If you are a Plan 1 member, you may also select an optional supplemental cost of living adjustment (COLA).
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b) through (d) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds survivor benefit.1 The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by a notarized signature or other means acceptable to the department. If you do not provide spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.40.188,
41.40.660 and
41.40.845.
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, spousal consent is required. If you do not provide spousal consent, verified by a notarized signature or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.40.188,
41.40.660 and
41.40.845.
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (((4)))(5) of this section, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((5)))(6)What is the supplemental COLA option for Plan 1 members? If you are a Plan 1 member, in addition to choosing a retirement benefit option described in subsection (2) of this section, you may choose to receive a supplemental annual COLA. If you select this option, your monthly retirement benefit will be actuarially reduced to offset the cost of this benefit.
(((6)))(7)What happens if I choose a benefit with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((7)))(8)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following four exceptions:
(a)
Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW
41.40.037.
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a survivor benefit option and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(((8)))(9)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 1 and 2 members:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(B) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your survivor beneficiary's spouse.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3 members: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
1 | Available to members retiring on or after January 1, 1996. |
RDS-7215.2
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-110-610What are my retirement benefit options?
Upon retirement for service under RCW
41.35.420 or
41.35.680, or for disability under RCW
41.35.440 or
41.35.690, you must choose to have the defined benefit portion of your retirement benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b) through (d) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirds survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by a notarized signature or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.35.220.
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, spousal consent is required, verified by a notarized signature or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.35.220.
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (((4)))(5) of this section, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((5)))(6)What happens if I choose a benefit option with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((6)))(7)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following four exceptions:
(a)
Return to membership. If you retire and then return to membership for at least two years of uninterrupted service, you may choose a different retirement option upon your subsequent retirement. See RCW
41.35.060.
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a survivor benefit option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-01-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a survivor benefit option and name a nonspouse as your survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(((7)))(8)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 2 members:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living or in existence, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(B) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living or in existence, then to your survivor beneficiary's spouse.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3 members: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
((
(8)))
(9) For more information, see RCW
41.35.220.
RDS-7216.3
AMENDATORY SECTION(Amending WSR 20-13-065, filed 6/15/20, effective 7/16/20)
WAC 415-112-504What are my TRS Plan 1 retirement benefit options?
Upon retirement from Plan 1 for service under RCW
41.32.480 or disability under RCW
41.32.550 (1)(c), you must choose to have your retirement benefit paid to you by one of the options described in this section. You may also select an optional supplemental cost-of-living (COLA) adjustment.
(1) May I withdraw any of my contributions? You may withdraw some or all of your accumulated contributions as follows:
(a) If you retire according to the provisions of RCW
41.32.498, you may withdraw some or all of your accumulated contributions at the time of retirement. Your monthly retirement benefit will be reduced according to the amount you withdraw.
(b) If you terminate service due to a disability under the conditions of RCW
41.32.550 (1)(a), you may withdraw all your accumulated contributions in a lump sum payment. You will receive no monthly retirement benefit.
(2) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (3)(c) through (e) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(3) What are my benefit options?
(a) Maximum benefit (nonsurvivor option). The department will pay you the maximum benefit allowed by statute. Under this option you will receive a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death, and any remaining balance of accumulated contributions will be:
(i) Retained by the retirement fund if you retired for service under RCW
41.32.497 or
41.32.498; or
(ii) Paid according to subsection ((
(9)))
(10) of this section if you retired because of disability and were receiving a monthly retirement benefit under RCW
41.32.550 (1)(c).
(b) Option one: Standard benefit for service retirement (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death, and any remaining balance of accumulated contributions will be paid according to subsection (((9)))(10) of this section.
(i) This benefit option has a lower monthly benefit than the maximum benefit in (a) of this subsection because, with this option, any remaining accumulated contributions will be paid to your beneficiaries upon your death.
(ii) If you are retiring because of disability under RCW
41.32.550 (1)(c), you will not benefit from this option because your beneficiaries will receive any remaining accumulated contributions under the maximum benefit in (a) of this subsection.
(c) Option two: Joint and ((one hundred))100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(d) Option three: Joint and ((fifty))50 percent benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to ((fifty))50 percent of your gross monthly benefit.
(e) Option four: Joint and two-thirds benefit.1 The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(4) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by a notarized signature or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and ((
fifty))
50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.32.530(2).
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, spousal consent is required. If you do not provide spousal consent, verified by a notarized signature or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and ((
fifty))
50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.32.530(2).
(d) If your survivor beneficiary has been designated by a dissolution order according to subsection (((5)))(6) of this section, which was filed with the department at least ((thirty))30 days before your retirement date, spousal consent is not required.
(5) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years: Eligible for Option 3 (50 percent) survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(6)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((6)))(7)What is the supplemental COLA option? In addition to choosing a retirement benefit option described in subsection (3) of this section, you may choose a supplemental annual COLA. If you select this option, your monthly retirement benefit will be reduced to offset the cost of this benefit.
(((7)))(8)What happens if I choose a benefit option with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((8)))(9)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following three exceptions:
(a)
Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement. See RCW
41.32.044.
(b) Postretirement marriage option. If you select the maximum benefit option or the standard benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department; and
(iv) You provide proof of your current spouse's birthdate.
(c) Removal of a nonspouse survivor option. If you select a survivor benefit option and name a nonspouse as survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(((9)))(10)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid according to this subsection.
(i) Except as provided in (a)(ii) of this subsection, any remaining balance will be paid to the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(ii) If you retired for service and chose the maximum benefit option, any remaining balance will be retained by the retirement fund.
(b) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid to the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
| 1 Available to members retiring on or after January 1, 1996. |
AMENDATORY SECTION(Amending WSR 25-18-099, filed 9/2/25, effective 10/3/25)
WAC 415-112-505What are my TRS Plan 2 or Plan 3 retirement benefit options?
Upon retirement for service under RCW
41.32.765 or
41.32.875, or disability under RCW
41.32.790 or
41.32.880, you must choose to have the defined benefit portion of your retirement benefit paid to you by one of the options described in this section.
(1) Which option will pay my beneficiary a monthly benefit after my death? Options described in subsection (2)(b), (c), and (d) of this section will pay a monthly benefit to your survivor after your death. The person you name at the time of retirement to receive a monthly benefit after your death is referred to as your "survivor beneficiary." After your death, your survivor beneficiary will receive a monthly benefit for the duration of their life. Your monthly retirement benefit will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose a survivor option.
(2) What are my benefit options?
(a) Option one: Standard benefit for service retirement (nonsurvivor option). The department will pay you a monthly retirement benefit throughout your lifetime. Your monthly benefit will cease upon your death, and any remaining balance of accumulated contributions will be paid according to subsection (((7)))(8) of this section.
(b) Option two: Joint and 100 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to your gross monthly benefit.
(c) Option three: Joint and 50 percent survivor benefit. The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to 50 percent of your gross monthly benefit.
(d) Option four: Joint and two-thirdssurvivor benefit.1 The department will pay you a reduced monthly retirement benefit throughout your lifetime. After your death, your survivor beneficiary will receive a gross monthly benefit equal to two-thirds (66.667((%))percent) of your gross monthly benefit.
(3) Do I need my spouse's consent on the option I choose? The option you select will determine whether spousal consent is required. For purposes of this section, a registered domestic partnership is treated the same as a spousal relationship.
(a) If you are married and select a nonsurvivor benefit option, you must provide your spouse's consent, verified by a notarized signature or other means acceptable to the department. If you do not provide verified spousal consent, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.32.785(2) and
41.32.851(2).
(b) If you are married and select a survivor benefit option for your spouse, spousal consent is not required. The department will pay you a monthly benefit based on the option you selected.
(c) If you are married and select a survivor benefit option for someone other than your spouse, spousal consent is required. If you do not provide spousal consent, verified by a notarized signature or other means acceptable to the department, the department will pay you a monthly retirement benefit based on option three (joint and 50 percent benefit) with your spouse as the survivor beneficiary as required by RCW
41.32.785(2) and
41.32.851(2).
(d) If your survivor beneficiary has been designated by a dissolution order under RCW
41.50.790, which was filed with the department at least 30 days before your retirement date, spousal consent is not required.
(4) How will naming a nonspousal survivor beneficiary affect my benefit options? When you name a nonspouse survivor, your benefit options may be limited when your survivor is 11 or more years younger than you. Your available options are based on the adjusted age difference between you and your survivor:
(a) Age difference: Less than 11 years: Eligible for Option 2 (100 percent), Option 3 (50 percent), or Option 4 (66.67 percent) survivor benefit option. These options are also all available if the age difference is 11 years or more, but the survivor's age is the higher number.
(b) Age difference: 11–24 years: Eligible for Option 3 (50 percent) or Option 4 (66.67 percent) survivor benefit options.
(c) Age difference: 25 or more years Eligible for 50 percent survivor benefit option.
(d) If you retire before the age the IRS requires your required minimum distributions (RMDs) to begin, the age difference between you and your survivor will be reduced by the number of years between your age at retirement and your RMD age.
(i) If you were born before July 1, 1949, your RMD age is 70.
(ii) If you were born between July 1, 1949, and December 31, 1950, your RMD age is 72.
(iii) If you were born between January 1, 1951, and December 31, 1959, your RMD age is 73.
(iv) If you were born on or after January 1, 1960, your RMD age is 75.
If you retire after your RMD age, there is no adjustment to the age difference between you and your nonspouse survivor.
(e) Example: Janet was born January 5, 1961, and will retire September 1, 2026. She plans to name her son, born April 14, 1985, as her survivor beneficiary. The age difference between Janet and her son is 24 years. Janet's RMD age is 75, and she is retiring at age 65 so the age difference is reduced by 10 years (75 minus 65) for an adjusted age difference of 14 years (24 minus 10). Janet is eligible to choose between survivor Option 3 (50 percent) and Option 4 (66.67 percent) for her son.
(5)Can a dissolution order require that a former spouse be designated as a survivor beneficiary? Yes. A dissolution order may require that a former spouse be designated as a survivor beneficiary. The department is required to pay survivor benefits to a former spouse pursuant to a dissolution order that complies with RCW
41.50.790.
(((5)))(6)What happens if I choose a benefit option with a survivor option and my survivor beneficiary dies before I do? If your survivor beneficiary dies before you do, you may request to have your benefit increased as described in WAC 415-02-380.
(((6)))(7)May I change my benefit option after retirement? Your choice of a benefit option is irrevocable with the following four exceptions:
(a)
Return to membership. If you retire and then return to membership, you may choose a different retirement option upon your subsequent retirement. See RCW
41.32.044.
(b) Postretirement marriage option. If you select the standard benefit option at the time of retirement and marry after retirement, you may select a benefit option with a survivor option and name your current spouse as survivor beneficiary, provided that:
(i) Your benefit is not subject to a property division obligation pursuant to a dissolution order. See WAC 415-02-500;
(ii) The selection is made during a one-year window, on or after the date of the first anniversary and before the second anniversary of your postretirement marriage;
(iii) You provide a copy of your certified marriage certificate to the department;
(iv) You provide proof of your current spouse's birthdate; and
(v) You exercise this option one time only.
(c) Removal of a nonspouse survivor option. If you select a benefit option with a survivor option and name a nonspouse as survivor beneficiary at the time of retirement, you may remove that survivor beneficiary designation and have your benefit adjusted to a standard benefit. You may exercise this option one time only.
(d) One-time change of survivor. You may change your benefit option and/or designated survivor one time within 90 days from the date your first benefit payment is issued. Your change request must be in writing, and must comply with other requirements as described in this section. Your new benefit amount will be effective the first of the month following the receipt of your request by the department.
(((7)))(8)Who will receive the balance of my accumulated contributions, if any, after my death?
(a) Plan 2:
(i) If you do not have a survivor beneficiary at the time of your death, and you die before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) you have nominated by written designation, executed and filed with the department.
(B) If you have not designated a beneficiary, or if your designated beneficiary is no longer living, then to your surviving spouse.
(C) If not paid according to (a)(i)(A) or (B) of this subsection, then to your estate.
(ii) If you have a survivor beneficiary at the time of your death, and your survivor beneficiary dies before the total of the retirement benefit paid equals the amount of your accumulated contributions at the time of retirement, the balance will be paid:
(A) To the person or entity (i.e., trust, organization, or estate) your survivor beneficiary has nominated by written designation, executed and filed with the department.
(B) If your survivor beneficiary has not designated a beneficiary, or if the designated beneficiary is no longer living, then to your survivor beneficiary's spouse.
(C) If not paid according to (a)(ii)(A) or (B) of this subsection, then to your survivor beneficiary's estate.
(b) Plan 3: The defined benefit stops upon your death or upon the death of your survivor beneficiary, if applicable. As a Plan 3 member, you do not contribute to the defined benefit portion of your retirement benefit. The defined contribution portion of your benefit will be distributed according to WAC 415-111-310.
| 1 Available to members retiring on or after January 1, 1996. |