WSR 05-10-009

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed April 25, 2005, 11:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-17-065.

Title of Rule and Other Identifying Information: WAC 415-02-180 Is it possible to receive more than one month of service credit in a single retirement plan for a calendar month?

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on June 7, 2005, at 9:00 a.m.

Date of Intended Adoption: No sooner than June 8, 2005.

Submit Written Comments to: Leslie L. Saeger, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail leslies@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on June 7, 2005.

Assistance for Persons with Disabilities: Contact Leslie L. Saeger, Rules Coordinator, by May 31, 2005, TDD (360) 664-7291, TTY (360) 586-5450, phone (360) 664-7291.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule clarifies that members may not receive more than one month of service credit for a calendar month, or twelve months of service credit for a service credit year, in any one retirement plan.

Statutory Authority for Adoption: RCW 41.50.050(5).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Retirement Systems, governmental.

Name of Agency Personnel Responsible for Drafting: Leslie Saeger, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Dorothy Bailey, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no effect on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

April 22, 2005

Leslie Saeger

Rules and Contacts Coordinator

OTS-7664.3


NEW SECTION
WAC 415-02-180   Is it possible to receive more than one month of service credit in a single retirement plan for a calendar month?   You may not receive more than one month of service credit for a calendar month, or twelve months of service credit during a service credit year, in any one retirement plan.

This includes, but is not limited to, receiving more than one month of service credit during a calendar month for:

(1) Working in two or more positions covered by the same retirement system;

(2) Military service and service as an employee in the same month;

(3) Purchasing service credit for a period of paid or unpaid leave that occurred during the same month you earned service credit for service as an employee;

(4) Serving as an elected or appointed official during the same month you earned service credit for service as an employee; or

(5) Working more than the minimum number of hours required to earn one month of service credit.

EXAMPLE: Mary, a PERS 1 member, worked full time for the department of retirement systems continuously for five years from 1995 through 2000. During the same period, she worked evenings and Saturdays (full time) in a PERS eligible position for the department of licensing. Mary earned a total of five years of service credit, which is the maximum service credit a member may earn in a five-year period.

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Washington State Code Reviser's Office