Date Adopted: December 24, 2003.

     Purpose: WAC 415-104-245 Am I required to meet minimum medical and health standards in order to establish or reestablish Plan 1 membership?, update cross-references; minor housekeeping changes.

     Citation of Existing Rules Affected by this Order: Amending WAC 415-104-245.

     Statutory Authority for Adoption: RCW 41.50.050(5).

     Other Authority: RCW 41.26.035, 41.26.045 - [41.26.]047.

      Adopted under notice filed as WSR 03-23-053 on November 14, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 earlier effective date is necessary to correct erroneous cross-references in the WAC that could be confusing to members of the public.

     Effective Date of Rule: January 1, 2004.

December 24, 2003

John Charles

Director

OTS-6812.1

AMENDATORY SECTION(Amending WSR 95-16-053, filed 7/25/95, effective 8/25/95)

WAC 415-104-245   Am I required to meet minimum medical and health standards in order to establish or reestablish Plan ((I)) 1 membership?   (1) You may be required to meet minimum medical and health standards in order to establish or reestablish Plan ((I)) 1 membership.

     You are required to meet minimum medical and health standards codified in WAC 415-104-500 through 415-104-755, if you:

     (a) Were first employed as a law enforcement officer or fire fighter on or after August 1, 1971, and before October 1, 1977; and

     (b) Have been separated from service for more than six months for reasons other than a disability leave, a disability retirement, or an authorized leave of absence.

     (2) If you are an elected sheriff or an appointed police or fire chief, you are exempt from the age requirement of the standards.

     (3) If you are required to meet the minimum medical and health standards, your employer will enroll you in Plan ((I)) 1 provisionally, depending on the results of your physical examination.

     (a) If you are required to meet the minimum medical and health standards, your employer will begin reporting you in LEOFF Plan ((I)) 1 from the first day of your employment. Your enrollment in Plan ((I)) 1, however, is provisional depending upon the results of your medical examination.

     (b) Your employer is responsible for having you examined by a physician or surgeon appointed by the local disability board and for paying the cost of your examination. Your employer will send a copy of your examination report to the department along with a certification letter of whether you have met the standards.

     (4) If you are denied Plan ((I)) 1 membership because you did not meet minimum medical and health standards, you will enter membership in Plan ((II)) 2.

     (a) The department will review your examination report and if you meet the minimum medical and health standards you will be reported in membership in Plan ((I)) 1.

     (b) If you do not meet the standards, your employer must stop reporting you to the department in Plan ((I)) 1 and report you in Plan ((II)) 2. The department will transfer your membership from Plan ((I)) 1 to Plan ((II)) 2 retroactively to the beginning of your term of employment.

     (5) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed.

     (a) "Employer" - RCW 41.26.030.

     (b) "Fire fighter" - RCW 41.26.030.

     (c) "Full time" - WAC ((415-104-0114)) 415-104-011.

     (d) "Fully compensated" - WAC ((415-104-0115)) 415-104-011.

     (e) "Law enforcement officer" - RCW 41.26.030.

     (f) "Member" - RCW 41.26.030.

     (g) "Minimum medical and health standards" - WAC 415-104-500 through 415-104-755.

     (h) "Plan ((I)) 1 and Plan ((II)) 2" - WAC ((415-104-0121)) 415-104-011.

[Statutory Authority: RCW 41.50.050. 95-16-053, § 415-104-245, filed 7/25/95, effective 8/25/95.]