WSR 05-18-047

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed September 2, 2005, 11:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-15-067.

Title of Rule and Other Identifying Information: WAC 415-112-820 What is a bona fide position for the purposes of WAC 415-112-810?

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on October 12, 2005, at 1:30 p.m.

Date of Intended Adoption: October 13, 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 October 12, 2005.

Assistance for Persons with Disabilities: Contact Leslie Saeger, Rules Coordinator, by October 4, 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 teachers' retirement system rule implements HB 1321, enacted during the 2005 legislative session. It gives school psychologists, social workers, nurses, physical therapists, occupational therapists, speech language pathologists and audiologists the same option for computing benefits as previously given to classroom instructors, librarians and counselors.

Reasons Supporting Proposal: [No information supplied by agency.]

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.32.010.

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: Dave Nelsen, 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.

September 2, 2005

Leslie Saeger

Rules Coordinator

OTS-8232.1


AMENDATORY SECTION(Amending WSR 04-21-080, filed 10/20/04, effective 11/20/04)

WAC 415-112-820   What is a bona fide position for purposes of WAC 415-112-810?   If you are a TRS Plan 1 member and meet the requirements in this section, you are deemed to occupy a bona fide position for purposes of WAC 415-112-810 through 415-112-835.

(1) Service for single employer. You are employed in a bona fide position if you perform contracted service for one and only one employer and you satisfy the requirements of (a), (b), and (c) of this subsection.

(a) Written contract. You are employed under a part-time written contract with a school district, educational service district, community or technical college, school for the deaf, or school for the blind that meets the following conditions:

(i) Contract with school district or educational service district. You must be under a part-time contract from the first teaching day to the last teaching day of the school's official calendar.

(ii) Contracts with community or technical college, school for the blind, or school for the deaf. You must be under part-time contracts for three of the four academic quarters (summer, fall, winter, or spring) of the institution's official calendar.

(b) Instructional position. You are employed in an instructional position. An instructional position is a position in which more than seventy-five percent of your time((, including office hours,)) is spent as a classroom instructor (including office hours), a librarian, a psychologist, a social worker, a nurse, a physical therapist, an occupational therapist, a speech language pathologist or audiologist, or a counselor.

(c) Number of days. Under the contract(s), you must be employed not less than twenty full-time days or the equivalent, and earn less than a full year of service credit.

(2) Combining service to meet requirements of subsection (1) of this section. When you provide services under part-time written contracts with more than one employer, service under all part-time written contracts must be combined to determine if you are employed in a bona fide position. You are employed in a bona fide position only if you satisfy the requirements of (a), (b), and (c) of this subsection.

(a) Written contract. You are employed under two or more written contracts with a school district, educational service district, community or technical college, school for the deaf, or school for the blind. You must be under contract for the equivalent of three of the four academic quarters (summer, fall, winter, or spring) of the institution's official calendar.


Example 1. Susan is employed part time with School District B from September 1 through December 31. She is employed with School District C from January 1 through June 20. Susan meets the "written contract" requirement of this subsection because she is under contract for the equivalent of three academic quarters (fall, winter, and spring).
Example 2. Bill is employed with School District B from September 1 through December 31. He is employed with Community College C for Winter and Spring quarters. Bill meets the "written contract" requirement of this subsection because he is under contract for the equivalent of three academic quarters (fall, winter, and spring).

(b) Instructional position. The hours you spend as a classroom instructor, a librarian, or a counselor in any of the positions must be at least seventy-five percent of the total hours of service in all the positions.

(c) Number of days. The total number of days in all contracted positions must not be less than twenty full-time days or the equivalent, and must not be more than the one hundred forty-four full-time days or the equivalent.

(3) To determine if you meet the foregoing requirements, the department may consider additional information. Upon the department's request, employers must provide, without limitation, the following information:

(a) For school district employees, the salary schedule and related workload provisions, if any, adopted pursuant to RCW 28A.405.200 by the school district by which the member was employed;

(b) Whether your position is included on the employing district's salary schedule, in workload provisions, or in a collective bargaining agreement;

(c) Whether your position has duties, responsibilities, workload requirements, or methods of pay similar to those of positions found in the district's schedule, workload provisions, or collective bargaining agreement;

(d) When your position was created, and how long you held the position;

(e) Whether you have previously retired under the provisions of chapter 41.32 RCW.

[Statutory Authority: RCW 41.50.050(5) and 41.32.345. 04-21-080, 415-112-820, filed 10/20/04, effective 11/20/04. Statutory Authority: RCW 41.32.345 and 41.50.050. 93-20-021, 415-112-820, filed 9/24/93, effective 10/25/93. Statutory Authority: Chapter 41.32 RCW as amended by 1987 c 265. 87-20-082 (Order 87-09), 415-112-820, filed 10/7/87.]

Washington State Code Reviser's Office