WSR 06-17-143

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed August 22, 2006, 1:16 p.m. ]

Subject of Possible Rule Making: The department of retirement systems (DRS) rules relating to retirement or termination bonuses or payments.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050(5) and 41.50.730.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To clarify that a retirement or termination payment may be used in the calculation of a member's benefit if the payment is for additional services and otherwise meets the criteria in RCW 41.50.730. Such payment will be billed to the member's employer as excess compensation. This is currently in the law, but not clear in rule.

Process for Developing New Rule: 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 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 leslies@drs.wa.gov.

August 17, 2006

Leslie Saeger

Rules Coordinator

Washington State Code Reviser's Office