WSR 08-08-040

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed March 26, 2008, 1:26 p.m. ]

Subject of Possible Rule Making: Chapter 415-113 WAC, Portability of public employment benefits.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 1264 passed by the 2007 legislature amends the plans which are eligible to combine service to qualify for an indexed retirement allowance. Previously, members of the law enforcement officers' and firefighters' retirement system (LEOFF) Plan 2 could not qualify for an indexed retirement allowance under RCW 41.26.530(2). Now, with the passing of SHB 1264, members of LEOFF Plan 2 may qualify for an indexed retirement allowance. The department of retirement systems (DRS) rules need updating to accurately reflect this change.

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 Sarah Monaly, 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 SarahM@drs.wa.gov.

March 26, 2008

Sarah Monaly

Rules Coordinator

Washington State Code Reviser's Office