WSR 02-06-041

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed February 27, 2002, 3:18 p.m. ]

Subject of Possible Rule Making: Consolidate law enforcement officers' and fire fighters' (LEOFF), WAC 415-104-011 - 415-104-0125, into one section and revise into "Plain English" as needed. Consolidate school employees' retirement system (SERS), WAC 415-110-010 - 415-110-0111, into one section and revise into "Plain English" as needed. Consolidate teachers' retirement system (TRS), WAC 415-112-015 - 415-112-0167, into one section and revise into "Plain English" as needed. Consolidate portability, WAC 415-113-030 - 415-113-0309, into one section and revise into "Plain English" as needed. Modify all of these WACs by adding a reference to WAC 415-02-030. Modify WAC 415-108-010 by adding a reference to WAC 415-02-030.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050(5), chapters 41.26, 41.32, 41.35, 41.40, and 41.54 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: 1. Regulatory reform principles dictate that agencies find way[s] to cut down on the total number of WACs.

2. Regulatory reform principles dictate that agencies review their rules periodically and ensure that they are clear and understandable to members of the public.

3. Many of the TRS and LEOFF rules have not be updated in many years. Some of the SERS rules were based on existing rules that are overdue for review.

4. DRS reviewed and updated its public employees' retirement system definitions recently. This exercise will provide an opportunity to review the other similar rules for similarities and differences.

NOTE: This CR-101 updates and replaces a CR-101 filed on February 12, 2002, as WSR 02-05-025.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Department staff will work on the project, with the assistance of the Office of the Attorney General. The public is invited and encouraged to participate, as described below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The Department of Retirement Systems encourages your active participation in the rule-making process. Anyone interested in participating should contact the rules coordinator, below. After the rule(s) is drafted, DRS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else who requests a copy. For more information on how to participate, please contact Merry A. Kogut, Rules Coordinator, Department of Retirement Systems, Mailstop 48380, P.O. Box 48380, Olympia, WA 98504-8380, voice (360) 664-7291, TTY (360) 586-5450, e-mail merryk@drs.wa.gov, fax (360) 753-3166.

February 26, 2002

Merry A. Kogut

Rules Coordinator

Washington State Code Reviser's Office