Purpose: To implement the "SERS Substitutes" legislation, chapter 157, Laws of 2003. This is one of several rules proposed for adoption in December 2003. It was inadvertently omitted when the other rules were adopted (WSR 04-04-041 on January 29, 2004).

     Citation of Existing Rules Affected by this Order: Amending WAC 415-108-680.

     Statutory Authority for Adoption: RCW 41.50.050(5).

     Other Authority: RCW 41.35.010, 41.35.030, 41.35.033.

      Adopted under notice filed as WSR 04-01-154 on December 22, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 24, 2004.

John Charles

Director

OTS-6868.1

AMENDATORY SECTION(Amending WSR 02-18-046, filed 8/28/02, effective 9/30/02)

WAC 415-108-680   Am I eligible for membership?   (1) You are eligible for membership if you are employed in an eligible position. Your position is eligible under RCW 41.40.010 if the position, as defined by your employer, normally requires at least five months of seventy or more hours of compensated service per month during each year. If you are a PERS Plan 1 member working in a SERS substitute position, the SERS substitute laws do not apply. If you are a Plan 2 or 3 member, hours worked as a SERS substitute are not counted when determining eligibility for membership.

     (2) If you leave an eligible position to serve in a project position, you may retain eligibility.

     (a) Project positions may use a twelve-month period other than a school year to evaluate eligibility. The employer must consistently apply this twelve-month period to evaluate the eligibility of this position.

     (b) If you are a member and you leave employment in an eligible position to serve in a project position, the project position is eligible if:

     (((a))) (i) The position, as defined by the employer, normally requires at least five months of seventy or more hours of compensated service each month; or

     (((b))) (ii) The position requires at least seventy hours per month and you take the position with the understanding that you are expected to return to your permanent eligible position at the completion of the project.

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

     (a) "Eligible position" - RCW 41.40.010.

     (b) "Employer" - RCW 41.40.010.

     (c) "Member" - RCW 41.40.010.

     (d) "Membership" - RCW 41.40.023.

     (e) "Normally" - WAC ((415-108-0102)) 415-108-010.

     (f) "Project position" - WAC 415-108-010.

     (g) "Year" - WAC 415-108-010.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.40 RCW. 02-18-046, § 415-108-680, filed 8/28/02, effective 9/30/02. Statutory Authority: RCW 41.50.050. 95-16-053, § 415-108-680, filed 7/25/95, effective 8/25/95.]

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