WSR 09-19-046

PERMANENT RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed September 10, 2009, 3:10 p.m. , effective October 11, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule-making order is to implement HB 1270 (2005) which provided LEOFF Plan 2 members and retirees the option of membership in a PERS, PSERS, SERS, or TRS eligible position upon returning to work. This order will adopt changes to 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?; and 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?

Citation of Existing Rules Affected by this Order: Amending WAC 415-108-725 and 415-110-725.

Statutory Authority for Adoption: RCW 41.50.050(5).

Other Authority: RCW 41.04.270 and 41.26.500.

Adopted under notice filed as WSR 09-16-069 on July 30, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 2, Repealed 0.

Date Adopted: September 10, 2009.

Steven R. Hill

Director

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