WSR 03-23-053

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed November 14, 2003, 2:05 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 415-104-245 Am I required to meet minimum medical and health standards in order to establish or reestablish Plan 1 membership?

Purpose: Update cross-references, minor housekeeping changes.

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.26.035, 41.26.045 - [41.26.]047.

Summary: Update cross-references, minor housekeeping changes.

Reasons Supporting Proposal: Cross-references are out-of-date.

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: Update cross-references, minor housekeeping changes.

Proposal Changes the Following Existing Rules: Update cross-references, minor housekeeping changes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These amendments have no effect 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 December 23, 2003, 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 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 December 23, 2003.

Date of Intended Adoption: No sooner than December 24, 2003.

November 12, 2003

Merry A. Kogut

Rules Coordinator

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.]

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