WSR 03-09-093

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed April 21, 2003, 10:00 a.m. ]

Subject of Possible Rule Making: The Department of Retirement Systems (DRS) plans to put its long-standing interpretation of the time period in RCW 41.32.310 into WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.050(5), 41.32.310.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The time limit in RCW 41.32.310 is open to interpretation. DRS has long interpreted the time limit to mean "five school year endings." A recent superior court decision demonstrated that other interpretations are possible. Putting a clear explanation of the time limit into rule will provide clarity to both members and DRS staff.

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.

April 18, 2003

Merry A. Kogut

Rules Coordinator

Legislature Code Reviser 

Register

Washington State Code Reviser's Office