WSR 09-16-069

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed July 30, 2009, 1:28 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-04-012.

Title of Rule and Other Identifying Information: New WAC 415-106-725 If I have retired from another retirement system or am eligible to retire, am I excluded from participating in PSERS? and 415-112-546 If I have retired from another retirement system or am eligible to retire, am I excluded from participating in TRS?; and amending WAC 415-108-725 If I have retired from another retirement system or am eligible to retire, am I excluded from participating in PERS? and 415-110-725 If I have retired from another retirement system or am eligible to retire, am I excluded from participating in SERS?

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on September 9, 2009, at 2:00 p.m.

Date of Intended Adoption: September 10, 2009.

Submit Written Comments to: Sarah White, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail rules@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on September 9, 2009.

Assistance for Persons with Disabilities: Contact Sarah White, rules coordinator, by September 2, 2009, 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: HB 1270 (2005) provided members and retirees of the law enforcement officers' and fire fighters' retirement system (LEOFF) plan 2 the option of membership in a public safety employees' retirement system (PSERS), public employees' retirement system (PERS), school employees' retirement system (SERS), or teachers' retirement system (TRS) eligible position upon returning to work. These rules provide information for retirees, members eligible to retire, and retirees receiving a disability allowance. The rules were created so that they are consistent with each other and the LEOFF rule, WAC 415-104-111, on this topic.

Reasons Supporting Proposal: This bill is in effect and these rules will assist members, retirees, employers, and department staff.

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.26.500.

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: Sarah White, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Cathy Cale, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7305.

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.

July 30, 2009

Sarah White

Rules Coordinator

OTS-2571.1


NEW SECTION
WAC 415-106-725   If I have retired from another retirement system or am eligible to retire, am I excluded from participating in PSERS?   (1) If you have retired from another retirement system authorized by the laws of this state, you cannot participate in PSERS membership unless:

(a) You accrued less than fifteen years of service credit in the other retirement system; or

(b) You are a LEOFF Plan 2 retiree returning to work in a PSERS eligible position and choose to participate in PSERS membership. See WAC 415-104-111.

(2) If you are eligible to retire from another retirement system listed in RCW 41.50.030, you cannot participate in PSERS membership unless:

(a) You accrued less than fifteen years of service credit in the other retirement system; or

(b) You are a dual member as described in RCW 41.54.010.

(3) If you are receiving a disability allowance from another retirement system listed in RCW 41.50.030, you cannot participate in PSERS membership unless you are a LEOFF Plan 2 retiree returning to work in a PSERS eligible position and choose to participate in PSERS membership. See WAC 415-104-111.

(4) Defined terms used. Definitions for the following terms used in this section are:

(a) "Membership" - RCW 41.37.020.

(b) "Service" - RCW 41.37.010.

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OTS-2572.1


AMENDATORY SECTION(Amending WSR 02-18-046, filed 8/28/02, effective 9/30/02)

WAC 415-108-725   If I have retired from another retirement ((plan)) system or am eligible to retire, am I excluded from participating in PERS?   (1) If you have retired ((or are eligible to retire)) from another retirement system authorized by the laws of this state you cannot participate in PERS membership unless:

(a) You established membership in PERS prior to March ((1)) 19, 1976; ((or))

(b) You accrued less than fifteen years of service credit in the other retirement ((plan)) system; or

(c) You are a LEOFF Plan 2 retiree returning to work in a PERS eligible position and choose to participate in PERS membership. See WAC 415-104-111.

(2) If you are eligible to retire from another retirement system listed in RCW 41.50.030, you cannot participate in PERS membership unless:

(a) You established membership in PERS prior to March 19, 1976;

(b) You accrued less than fifteen years of service credit in the other retirement system; or

(c) You are a dual member as described in RCW 41.54.010.

(3) If you are receiving a disability allowance from ((any)) another retirement system ((administered by the department you can not)) listed in RCW 41.50.030, you cannot participate in PERS membership unless:

(a) You established membership in PERS prior to March ((1)) 19, 1976; or

(b) You are a LEOFF Plan 2 retiree returning to work in a PERS eligible position and choose to participate in PERS membership. See WAC 415-104-111.

(((3))) (4) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed.

(a) "Membership" - RCW 41.40.023.

(b) (("Retirement plan" - WAC 415-108-010.

(c))) "Service" - RCW 41.40.010.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.40 RCW. 02-18-046, 415-108-725, filed 8/28/02, effective 9/30/02. Statutory Authority: RCW 41.50.050. 95-16-053, 415-108-725, filed 7/25/95, effective 8/25/95.]

OTS-2573.1


AMENDATORY SECTION(Amending WSR 02-18-046, filed 8/28/02, effective 9/30/02)

WAC 415-110-725   If I have retired from another retirement ((plan)) system or am eligible to retire, am I excluded from participating in SERS?   (1) If you have retired ((or are eligible to retire)) from another retirement system authorized by the laws of this state, you cannot participate in SERS membership unless:

(a) You accrued less than fifteen years of service credit in the other retirement ((plan)) system; or

(b) You are a LEOFF Plan 2 retiree returning to work in a SERS eligible position and choose to participate in SERS membership. See WAC 415-104-111.

(2) If you are eligible to retire from another retirement system listed in RCW 41.50.030, you cannot participate in SERS membership unless:

(a) You accrued less than fifteen years of service credit in the other retirement system; or

(b) You are a dual member as described is RCW 41.54.010.

(3) If you are receiving a disability allowance from ((any)) another retirement system ((administered by the department)) listed in RCW 41.50.030, you cannot participate in SERS membership unless you are a LEOFF Plan 2 retiree returning to work in a SERS eligible position and choose to participate in SERS membership. See WAC 415-104-111.

(((3))) (4) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed.

(a) "Membership" - RCW 41.35.030.

(b) (("Retirement plan" - WAC 415-110-010.

(c))) "Service" - RCW 41.35.010.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.35 RCW. 02-18-046, 415-110-725, filed 8/28/02, effective 9/30/02. Statutory Authority: Chapters 41.32, 41.34, 41.35, 41.50 RCW. 01-01-059, 415-110-725, filed 12/12/00, effective 1/12/01.]

OTS-2574.1


NEW SECTION
WAC 415-112-546   If I have retired from another retirement system or am eligible to retire, am I excluded from participating in TRS?   (1) If you have retired from another retirement system authorized by the laws of this state, you cannot participate in TRS membership unless:

(a) You established membership in TRS prior to March 19, 1976;

(b) You accrued less than fifteen years of service credit in the other retirement system; or

(c) You are a LEOFF Plan 2 retiree returning to work in a TRS eligible position and choose to participate in TRS membership. See WAC 415-104-111.

(2) If you are eligible to retire from another retirement system listed in RCW 41.50.030, you cannot participate in TRS membership unless:

(a) You established membership in TRS prior to March 19, 1976;

(b) You accrued less than fifteen years of service credit in the other retirement system; or

(c) You are a dual member as described in RCW 41.54.010.

(3) If you are receiving a disability allowance from another retirement system listed in RCW 41.50.030, you cannot participate in TRS membership unless you are a LEOFF Plan 2 retiree returning to work in a TRS eligible position and choose to participate in TRS membership. See WAC 415-104-111.

(4) Defined terms used. Definitions for the following terms used in this section are:

(a) "Membership" RCW 41.32.032.

(b) "Service" RCW 41.32.010.

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Washington State Code Reviser's Office