Qualified domestic relations orders—Orders of State Department of Social and Health Services to withhold and deliver
Seattle Mun. Code § 4.36.630
in effect4.36.630 - Qualified domestic relations orders—Orders of State Department of Social and Health Services to withhold and deliver
A. Authority. The Director may make payments to:
1. A spouse, former spouse, child, or other dependent of a member as directed in an order of the court that constitutes a qualified domestic relations order under 26 U.S.C. § 414(p); and/or
2. The Washington State Department of Social and Health Services as directed in an order to withhold and deliver under RCW 74.20A.080, each subject to the terms and conditions of this section, and to supplemental requirements that may be adopted by the Director by rule consistent with state and federal law to implement this Chapter 4.36.
The term "order" as used in this Section 4.36.630 means either or both of the orders in this subsection 4.36.630.A, and the term "alternate payee" means the recipient of payment on account of an order.
B. Limitations
1. Any payment to an alternate payee pursuant to an order shall reduce by a like amount the payment of benefits or withdrawal of contributions that would otherwise have been payable to or on account of the member without the order. Payment of an order shall first commence when benefits or a withdrawal of contributions is made to or on account of the member. The amount paid shall not exceed the benefits payable under this Chapter 4.36 and the retirement option selected by the member or, in the case of a withdrawal of accumulated contributions, the amount on deposit to the credit of the member.
2. A payment to the alternate payee shall cease if the payment to a member would end on account of the member's death under a retirement option (Sections 4.36.605, 4.36.608, or 4.36.610) or the member's reemployment (Sections 4.36.655 and 4.36.635) in the absence of the order. The Director may not, on account of such an order, limit or coerce the decision of an eligible member to accept a disability benefit (Sections 4.36.645 through 4.36.650) or, if on disability retirement, to return to City employment (Sections 4.36.655 and 4.36.660), or to convert to a service retirement benefit (Section 4.36.655); to withdraw accumulated contributions or to leave his or her contributions on deposit (Section 4.36.665), or to select a payment option (Sections 4.36.605, 4.36.608, or 4.36.610).
C. Formula for determination
1. If the member is already receiving benefits or has arranged to receive payment at a proximate date, the order must identify the alternate payee and the amount to be paid as:
a. a precise sum to be paid in a single payment or in equal monthly installments and the duration of the installment payments; or
b. a fixed percentage of the member's "disposable earnings" as defined in RCW 74.20A.090 or "disposable benefits" as defined in RCW 41.50.500(2), which are payable under the payment option that the member has selected.
2. If the member is not yet receiving benefits or has not arranged to receive payment at a proximate date, the order may also determine the amount payable to an alternate payee by a formula or ratio that becomes complete upon the Director supplying the member's creditable or gross contributions; for example, a ratio that measures the member's creditable service on the date of the order to the member's creditable service at the time of retirement, or the member's contributions at a stated date, or a stipulated amount to the member's total contributions at the time benefits commence, or a withdrawal of accumulated contributions occurs. The City will not increase payments by an interest factor or adjust dollar values by a price index in calculating the payment to an alternate payee.
D. Rounding of numbers. A percentage of disposable benefits or a ratio on a formula must be capable of being expressed as a decimal to no more than three places; fractions extending beyond the third decimal place will be rounded to the nearest number at the third decimal place and the amount of any warrant rounded to the nearest cent.
E. Filing of orders for future use. The Director may keep orders on file until such time as the member makes a withdrawal of accumulated contributions or draws benefits. If such an order is on file as to a member, the Director may delay payment of benefits or of accumulated contributions for up to 30 days beyond the date payments would otherwise be made in order to determine whether or not the order is current and in effect.
F. Alternate payee's responsibility. An alternate payee has the responsibility of supplying and maintaining with the Director a current mailing address for making payments; if payments are to commence upon occurrence of an event, informing the Director when the event occurs; and in the event of an erroneous overpayment, returning such overpayment to the City for issuance of another payment in the correct amount. Forms of payment returned on account of an incorrect address may be held as unclaimed property.
(Ord. 125109, § 39, 2016; Ord. 124574, § 42, 2014; Ord. 120114, § 11, 2000; Ord. 116069, § 1, 1992.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.36CIEMRESY_4.36.630QUDOREORRDSTDESOHESEWIDEFetched: 11/1/2026