[WSBAPT] Dept of Retirement Systems for State of WA

Thu Jun 23 01:17:46 PDT 2022

  Law Office of
F.ANDREKITA SILVA
_______________________________________________________  

June 22, 2022

Dalynne,

DRS can answer many of your questions on it’s website.  It also has a  
detailed handbook that you can request that details all their rules  
for each particular plan, like PERS and SERS, etc. These handbooks say  
what happens on early retirement, divorce, death, etc.

Below is a link for answers on its website re: a PERS2. But, this info  
is available for all DRS plans.

https://www.drs.wa.gov/plan/pers2/#marriage-or-divorce

I don’t believe marital separation is an event that DRS concerns  
itself with unless there is a divorce. If parties are separated but no  
decree of divorce is entered because a spouse dies before a decree is  
entered, the divorce action abates or terminates by operation of law.  
So, the couple remains married.  I have never had this issue come up  
in the DRS context, but for DRS purposes, I assume the original  
separation becomes a non event if there is a death prior to entry of a  
decree.  But, presumably, a DRS handbook or the designation of  
beneficiary executed by the plan holder's would say.   

When parties divorce, the court always wants to know the value of the  
community portion of the asset at the time of marital separation.  
However, that doesn’t always determine how the asset will be divided.  
So, if a divorced party dies _AFTER_ the decree is entered, you must  
look to the QDRO (Qualified Domestic Relations Order) to see who was  
awarded what, how it will be paid, and what happens to the plan  
participant's benefits (and the alternate payee's benefits) when the  
plan participant dies. (Plan participants can sometimes choose  
different options re: benefits.) 

I would be happy to talk to you. But, most of what I know – other than  
the actual process for drafting and approval of a QDRO- is what’s in  
their manual.

andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Dalynne Singleton <dalynne at glgmail.com>:

> Does anyone know someone, attorney or CPA preferred, who I can speak  
> with about the WA Department of Retirement Systems and their rules?
>
>     
>
>    I get a different answer every time I call DRS on retirement,  
> death of retiree, marriage and spousal benefits, separation of  
> married parties, etc.
>
>     
>
>     
>
>     
>
>     
>
>    /DALYNNE SINGLETON/
>
>     
>
>    GOURLEY LAW GROUP
>
>     
>
>    SNOHOMISH ESCROW
>
>     
>
>    THE EXCHANGE CONNECTION
>
>     
>
>    1002 10th Street / PO Box 1091
>
>     
>
>    Snohomish, WA 98291
>
>     
>
>    360.568.5065
>
>     
>
>    360.568.1717  fax
>
>     
>
>    _dalynne at glgmail.com_
>
>     
>
>    _Website:  www.glglawgroup.com[1]_
>
>     
>
>    As we face the challenges presented by COVID-19, Attorney/client  
> meetings will be handled by teleconference or virtually whenever  
> possible.  I am working remotely and available by email, telephone,  
> in-person or zoom.  If you would like to set a conference with me,  
> please call or email my paralegal theresa at glgmail.com,  
> angelina at glgmail.com or cameron at glgmail.com.
>
>     
>
>    /LICENSED/ /IN WASHINGTON AND OREGON/
>
>     
>
>    IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments  
> accompanying it) may contain confidential information, including  
> information protected by attorney-client privilege. The information  
> is intended only for the use of the intended recipient(s).  Delivery  
> of this message to anyone other than the intended recipient(s) is  
> not intended to waive any privilege or otherwise detract from the  
> confidentiality of the message.  If you are not the intended  
> recipient, or if this message has been addressed to you in error, do  
> not read, disclose, reproduce, distribute, disseminate or otherwise  
> use this transmission, rather, please promptly notify the sender by  
> reply e-mail, and then destroy all copies of the message and its  
> attachments, if any.
>
>     
>
>       [2]
>
>     
>
>     
>
>     
>
>     

Links:
------
[1] http://www.glglawgroup.com/
[2]  
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220623/f39b9bc2/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5410 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220623/f39b9bc2/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 4747 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220623/f39b9bc2/image002-0001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1524 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220623/f39b9bc2/image003-0001.png>