WSR 02-18-047

PERMANENT RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed August 28, 2002, 1:40 p.m. , effective September 1, 2002 ]

Date of Adoption: August 28, 2002.

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).

Other Authority: RCW 41.26.520.

Adopted under notice filed as WSR 02-15-152 on July 23, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The statute has been in effect since June 13, 2002. It is important to get this "plain English" interpretation to the public as soon as possible.
Effective Date of Rule: September 1, 2002.

August 28, 2002

John Charles

Director

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.

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Washington State Code Reviser's Office