WSR 05-13-046




[ Filed June 9, 2005, 1:26 p.m. ]

Subject of Possible Rule Making: WAC 415-104-111 How does the department calculate the retirement allowance of a LEOFF Plan 2 member who retires, reenters employment, and then either retires or separates employment again?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050(5), chapter 372, Laws of 2005.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department will amend WAC 415-104-111 to incorporate the provisions in HB 1270, enacted during the 2005 legislative session, and make other changes as needed. This bill provides the option for LEOFF Plan 2 retirees who become employed in eligible PERS, TRS, SERS or PSERS positions to either enter into membership in that retirement system (and have their LEOFF benefits suspended during such employment), or not enter into plan membership and continue to receive their LEOFF 2 benefits.

Process for Developing New Rule: The Department of Retirement Systems (DRS) will develop the draft rule(s) with the assistance of the Attorney General's Office. 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. DRS encourages your active participation in the rule-making process. 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. The notice will include the time and date of a public rules hearing. DRS will send a copy of the notice and the proposed rule(s) to everyone currently on the mailing list and anyone else who requests a copy. To request a copy or for more information on how to participate, please contact Leslie Saeger, Rules and Contracts Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, voice (360) 664-7291, TTY (360) 586-5450, fax (360) 753-3166, e-mail

June 8, 2005

Leslie Saeger

Rules Coordinator

Washington State Code Reviser's Office