For members of all DRS administered retirement systems
Last Updated: June 2006
Certain legal actions can require the Department of Retirement System (DRS) to pay a portion of your retirement account to another party. This publication describes the legal actions that may affect your retirement account. These legal actions include:
A dissolution order is a court order entered at the time of divorce, legal separation, or annulment of marriage that makes a provision for the division of property or for spousal maintenance. RCW 41.50.500 and 41.50.670 through 720 govern the division of retirement benefits as marital property. RCW 41.50.500 through 660 govern the enforcement of spousal maintenance. (To view the RCWs and WACs referenced in this publication, visit the Code Reviser’s Web site.)
DRS may be required to pay a portion of your retirement account to satisfy a property division obligation. The order may either:
DRS will comply with an order that meets all statutory requirements. For additional information, see How Can a Property Division Affect My Retirement Account? and WAC 415-02-500 through 550.
DRS may be required to pay a portion of your retirement account to satisfy a spousal maintenance obligation if:
DRS will pay a portion of your retirement benefit or withdrawal of contributions to satisfy a child support obligation if:
DRS will pay a portion of your retirement benefit or withdrawal of contributions if required by an administrative or court order authorized by federal law. Such orders can include, but are not limited to, Internal Revenue Service (IRS) levies and bankruptcy court orders.
If a property division order requires that your account be split into two separate accounts, the accounts will be split after the order has been filed with and approved by DRS.
For all other legal actions described in this publication, payment can be made to another party only when:
DRS deducts the following fees for processing payment resulting from legal action.
| Type of Order | Processing Fee | Property Division Order | $75 for the first disbursement and $6 for each additional disbursement. Fees are divided equally between you and your ex-spouse and deducted from both payments. |
|---|---|
| Mandatory Benefit Assignment Order | $25 for the first disbursement and $6 for each additional disbursement. |
| Child Support Obligation | $10 for the first disbursement and $1 for each additional disbursement. |
You may request information about your account in writing. Submit the request to the DRS mailing address shown on the Contact DRS page. Your request must include:
Another person may request information about your account by:
DRS cannot comply with a provision in an order that is not specifically authorized by Chapter 41.50 RCW. For example, DRS cannot honor an order that is based solely on a Qualified Domestic Relations Order (QDRO) or any provision that is based solely on the Employee Retirement Income Security Act (ERISA) or the Retirement Equity Act (REA).
A party to a dissolution proceeding may seek a restraining order to stop you from withdrawing contributions or receiving a monthly benefit payment. DRS must comply with a restraining order entered by a court and served on DRS. See RCW 41.50.720.
DRS is required to report all retirement payments made during each calendar year (except Plan 1 duty disability and some death benefit payments) to the IRS. Payments made to your ex-spouse pursuant to a property division order are reported to the IRS as paid to your ex-spouse. All other payments are reported to the IRS as paid to you.
The following are definitions of some of the terms used in this publication.
For additional information about the rules governing property division legal orders, please see the publication called "How Can a Property Division Affect My Retirement Account?"
For information about the rules that apply to each retirement system and plan, please refer to your Member Handbook which is available from your employer or DRS.
