Section 415-113-070 - If I retire as a dual member, must I receive benefits from both systems immediately?(1) If you qualify to retire in one system but not the second system, you may nonetheless choose to retire from both systems and receive a multiple system benefit.(2) If you retire with a multiple system benefit, before you have become eligible in a second system(s), you must either:(a) Take an actuarial reduction in the retirement allowance you receive from the second system(s); or(b) Defer receipt of your retirement allowance in the second system(s) under RCW 41.54.030(3).(3) If you take an actuarial reduction under subsection (2)(a) of this section, the reduction will account for the difference between your age at the time you begin to receive the retirement allowance and the earliest age when you would be fully eligible based on your combined service. You are "fully eligible" when you meet the age and service qualifications for retirement for each system.(4) If you defer receipt of your retirement allowance under subsection (2)(b) of this section: (a) You will retain dual member status for the sole purpose of receiving a deferred retirement allowance from the second system(s); and(b) You may not subsequently withdraw accumulated contributions from the second system(s). Example 9: | A sixty-two year old dual member of PERS Plan 1 and TRS Plan 2 retires. He chooses to receive PERS Plan 1 benefits but defers receipt of a TRS Plan 2 retirement allowance. If he becomes reemployed in a TRS Plan 2 eligible position, he will reenter TRS Plan 2 membership if otherwise eligible and terminate his dual member status, but he will continue to receive his PERS Plan 1 retirement allowance until he works more than the work-limit in a calendar year under WAC 415-108-710. The member's eligibility to retire from TRS Plan 2 will be based solely on his accrued service credit in TRS Plan 2 and his TRS Plan 2 retirement allowance will be based solely on his compensation while he was a member participant in TRS Plan 2. |
Example 10: | Assume the retiree in Example 9 above became reemployed in a PERS position rather than a TRS Plan 2 position. He could work in this position up to the work-limit in a calendar year under WAC 415-108-710 without having his PERS retirement allowance suspended. If the retiree works over the work-limit: |
The department would suspend his retirement allowance until the next calendar year. He would remain a dual member. He would be able to retire in TRS 2 if otherwise eligible; |
The retiree could choose to reenter PERS Plan 1 membership at any time, if otherwise eligible, and terminate his dual member status. His choice for membership is not retroactive. The effect on the person's right to a TRS Plan 2 benefit is the same as in Example 9. See WAC 415-108-710. |
(5)If you defer your retirement allowance and die before you begin receiving the allowance, your survivor may receive a continuing benefit. If you defer receipt of your retirement allowance from a system and die before you choose to begin receiving the allowance: (a) Your surviving spouse, if any, must choose to receive either:(i) A joint and one hundred percent survivor option from the deferred system. If your surviving spouse selects this option, your base salary under one system may be substituted for your includable compensation in the deferred system to compute the survivor retirement allowance from the deferred system; or(ii) A refund of your accumulated contributions from the deferred system.(b) If you do not have a surviving spouse, the department will pay your accumulated contributions from the deferred system to:(i) Your designated beneficiary or beneficiaries; or(ii) Your estate, if there are no living beneficiaries.(6)Defined terms used. Definitions for the following terms used in this section may be found in the sections listed. (a) "Dual member system" - WAC 415-113-030.(b) "Includable compensation" - WAC 415-113-065(3).(c) "Member participant" - WAC 415-113-030.(d) "Multiple system participant" - WAC 415-113-030.(e) "Nonmember participant" - WAC 415-113-030.(f) "System" - RCW 41.54.010(6).Wash. Admin. Code § 415-113-070
Statutory Authority: RCW 41.50.050(5) and chapter 41.54 RCW. 02-18-046, §415-113-070, filed 8/28/02, effective 9/30/02. Statutory Authority: RCW 41.50.050(5) and 41.54.030. 02-03-120, §415-113-070, filed 1/23/02, effective 3/1/02. Statutory Authority: Chapters 41.32, 41.34, 41.35, 41.50 RCW. 01-01-059, §415-113-070, filed 12/12/00, effective 1/12/01. Statutory Authority: RCW 41.50.050. 99-22-043, §415-113-070, filed 10/29/99, effective 11/29/99; 96-20-004, §415-113-070, filed 9/19/96, effective 10/20/96; 95-03-001, §415-113-070, filed 1/4/95, effective 2/4/95.