WSR 02-15-152

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ July 23, 2002, 8:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-05-037.

Title of Rule: New section WAC 415-104-374. What are the part-time employment/leave rules for the enforcement officers?

Purpose: To provide a "plain English" explanation of the new LEOFF Plan 2 part-time leave of absence, for law enforcement only, interpreting SB 6378 (chapter 28, Laws of 2002).

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.26.520 (amended effective June 13, 2002).

Summary: Provides a "plain English" explanation of the new LEOFF Plan 2 part-time leave of absence, for law enforcement only, interpreting SB 6378 (chapter 28, Laws of 2002).

Reasons Supporting Proposal: Department of Retirement Systems (DRS) seeks to provide a "plain English" explanation for the benefit of LEOFF Plan 2 law enforcement members.

Name of Agency Personnel Responsible for Drafting: Merry A. Kogut, P.O. Box 48380, Olympia, WA, 98504-8380, (360) 664-7291; Implementation and Enforcement: Zan Johnston, P.O. Box 48380, Olympia, WA, 98504-8380, (360) 664-7049.

Name of Proponent: Department of Retirement Systems, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Provides a "plain English" explanation of the new LEOFF Plan 2 part-time leave of absence, for law enforcement only, interpreting SB 6378 (chapter 28, Laws of 2002).

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments have no affect on businesses.

RCW 34.05.328 does not apply to this rule adoption. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

Hearing Location: Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on August 27, 2002, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact the rules coordinator by seven days before the hearing, if possible, phone (360) 664-7291, TTY (360) 586-5450, e-mail mailto:merryk@drs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Merry A. Kogut, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail Merryk@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on August 27, 2002.

Date of Intended Adoption: No sooner than August 28, 2002.

July 22, 2002

Merry A. Kogut

Rules Coordinator

OTS-5840.2


NEW SECTION
WAC 415-104-374   LEOFF Plan 2 part-time leave of absence.   (1) What are the LEOFF Plan 2 part-time leave rules for law enforcement officers?

(a) You must be a current LEOFF Plan 2 law enforcement member;

(b) Your employer must authorize you to work part time and go on an unpaid part-time leave of absence;

(c) While in part-time work/part-time leave status, you cannot do any other work for pay for your employer; and

(d) When you return to full-time employment, the employment must be with the same employer who granted you the part-time leave.

(2) May I purchase service credit for periods of part-time leave?

(a) You may purchase service credit for any periods of any type of unpaid leave of absence, but only up to a lifetime maximum of two years of service credit.

(b) In purchasing service credit, you must pay the member, employer, and state contributions, plus interest. The contributions required will be based on the average of your basic salary at the time the employer granted your authorized leave of absence and your basic salary at the time you resumed full-time employment.

(c) You must complete the service credit purchase within five years of your return to full-time employment, or prior to your retirement, whichever is earlier.

(d) If you fail to complete the service credit purchase within five years of your return to full-time employment, you may purchase the service credit by paying the amount required under RCW 41.50.165(2) prior to retirement.

[]

Washington State Code Reviser's Office