Wash. Rev. Code » Title 41 · Chapter 41.50
Revised Code of Washington

Wash. Rev. Code § 41.50.130 (2026)

Correction of retirement systems' records—Adjustment in payment of benefits—Limitations

✓ current as of May 2026
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(1) The director may at any time correct errors appearing in the records of the retirement systems listed in RCW 41.50.030. Should any error in such records result in any member, beneficiary, or other person or entity receiving more or less than he or she would have been entitled to had the records been correct, the director, subject to the conditions set forth in this section, shall adjust the payment in such a manner that the benefit to which such member, beneficiary, or other person or entity was correctly entitled shall be paid in accordance with the following:
(a) In the case of underpayments to a member or beneficiary, the retirement system shall correct all future payments from the point of error detection, and shall compute the additional payment due for the allowable prior period which shall be paid in a lump sum by the appropriate retirement system.
(b) In the case of overpayments to a retiree or other beneficiary, the retirement system shall adjust the payment so that the retiree or beneficiary receives the benefit to which he or she is correctly entitled. The retiree or beneficiary shall either repay the overpayment in a lump sum within ninety days of notification or, if he or she is entitled to a continuing benefit, elect to have that benefit actuarially reduced by an amount equal to the overpayment. The retiree or beneficiary is not responsible for repaying the overpayment if the employer is liable under RCW 41.50.139 or 41.26.570.
(c) In the case of overpayments to a person or entity other than a member or beneficiary, the overpayment shall constitute a debt from the person or entity to the department, recovery of which shall not be barred by laches or statute of limitations.
(2) Except in the case of actual fraud or overpayments under RCW 41.26.570, in the case of overpayments to a member or beneficiary, the benefits shall be adjusted to reflect only the amount of overpayments made within three years of discovery of the error, notwithstanding any provision to the contrary in chapter 4.16 RCW.
(3) Except in the case of actual fraud, no monthly benefit shall be reduced by more than fifty percent of the member's or beneficiary's corrected benefit. Any overpayment not recovered due to the inability to actuarially reduce a member's benefit due to: (a) The provisions of this subsection; or (b) the fact that the retiree's monthly retirement allowance is less than the monthly payment required to effectuate an actuarial reduction, shall constitute a claim against the estate of a member, beneficiary, or other person or entity in receipt of an overpayment.
(4) Except as provided in subsection (2) of this section, obligations of employers or members until paid to the department shall constitute a debt from the employer or member to the department, recovery of which shall not be barred by laches or statutes of limitation.
[ 2024 c 304 s 301; 1997 c 254 s 15; 1994 c 177 s 3; 1987 c 490 s 1; 1982 c 13 s 1.]

Notes:

Effective date—2024 c 304 ss 301 and 302: See note following RCW 41.26.570.
Intent—Construction—Application—1997 c 254: See notes following RCW 41.26.490.
Findings—1994 c 177: See note following RCW 41.50.125.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2002–2026 · leading case: Pasco v. Dep't of Ret. Sys., 42 P.3d 992 (Wash. Ct. App. 2002).
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Pasco v. Dep't of Ret. Sys., 42 P.3d 992 (Wash. Ct. App. 2002). · cites it 9× “Authority RCW 41.50.130, the "correction of error" statute, unambiguously gives the Department Director authority to correct errors appearing in the records of any state retirement system that cause members or beneficiaries to receive more or fewer benefits than those to which…”
City of Pasco v. Dep't Ret. Sys., 110 Wash. App. 582 (Wash. Ct. App. 2002). · cites it 9× “Authority RCW 41.50.130, the “correction of error” statute, unambiguously gives the Department Director authority to correct errors appearing in the records of any state retirement system that cause members or beneficiaries to receive more or fewer benefits than those to which…”
Serres v. Dep't of Ret. Sys., 261 P.3d 173 (Wash. Ct. App. 2011). · cites it 11× “5 DRS reasoned that if Serres prevailed on the underlying legal issue, RCW 41.50.130 (the “error correction” statute) provided it the authority to collect employee contributions from all Roberts/Duncan members.”
Kevin Dolan v. State of Washington Dept of Ret. Sys. (Wash. Ct. App. 2026). · cites it 2× “DRS places particular emphasis on RCW 41.50.130 and .135-.137. These provisions, however, state that where a member has been paid retirement benefits that they are not owed, they are not entitled to a continuing benefit.”
— Wash. Rev. Code § 41.50.130(1) — 3 cases
City of Pasco v. Dep't Ret. Sys., 110 Wash. App. 582 (Wash. Ct. App. 2002). “Authority RCW 41.50.130, the “correction of error” statute, unambiguously gives the Department Director authority to correct errors appearing in the records of any state retirement system that cause members or beneficiaries to receive more or fewer benefits than those to which…”
Pasco v. Dep't of Ret. Sys., 42 P.3d 992 (Wash. Ct. App. 2002). “Authority RCW 41.50.130, the "correction of error" statute, unambiguously gives the Department Director authority to correct errors appearing in the records of any state retirement system that cause members or beneficiaries to receive more or fewer benefits than those to which…”
Serres v. Dep't of Ret. Sys., 261 P.3d 173 (Wash. Ct. App. 2011). “5 DRS reasoned that if Serres prevailed on the underlying legal issue, RCW 41.50.130 (the “error correction” statute) provided it the authority to collect employee contributions from all Roberts/Duncan members.”
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