Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1953 No. 17 - Apr 22 1953
Attorney General Don Eastvold


Proceeds of contributions to Teachers' Retirement Funds made after marriage are community property.

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                                                                    April 22, 1953

Honorable L. D. Burrus
Teachers' Retirement System
Olympia, Washington                                                                                                                Cite as:  AGO 53-55 No. 17

 Dear Sir:

             We have your letter of March 19th asking a question which, in view of our recent discussion, we state as follows:

             To whom shall "accumulated contributions" of a deceased member of the Teachers' Retirement System be paid?


             If the deceased member was single, they should be paid to the person designated, under RCW 41.32.520.

             If the deceased member was married, the date of the marriage should be ascertained and proceeds of contributions made thereafter treated as presumptively community property.

             RCW 26.16.130;

Occidental Life v. Powers, 192 Wash. 475, 74 P. (2d) 27;

In Re Towey's Estate, 22 Wn. (2d) 212, 155 P. (2d) 273;

Aetna Life v. Brock, 141 Wash. Dec. # 13 [[41 Wn.2d 369]]p. 345.

             We recommend that until June 11, 1953, at which time chapter 45, Laws of 1953, will become effective, you consult with us before making any payment in all cases where your investigation may disclose any adverse claim to any "accumulated contributions" and that thereafter you consult with us if you find it proper  [[Orig. Op. Page 2]] to do so when and if you receive the written notice of claim mentioned in that act.

 Very truly yours,
Attorney General

Assistant Attorney General