WSR 20-13-096
[Filed June 17, 2020, 9:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-09-045.
Title of Rule and Other Identifying Information: New WAC 415-02-160, postretirement employment during a period of emergency.
Hearing Location(s): On July 21, 2020, at 10:30 a.m.
The hearing will be conducted by telephone conference only: 360-407-3830 or 855-682-0796 (toll free).
Conference ID: 2312349.
Date of Intended Adoption: July 22, 2020.
Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, email
Assistance for Persons with Disabilities: Contact Jilene Siegel, phone 360-664-7291, TTY 711, email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To waive and suspend limits on postretirement employment during a period of emergency proclaimed by the governor under RCW 43.06.010(12).
Reasons Supporting Proposal: This section implements the Governor's Proclamation 20-39, suspending postretirement employment restrictions to allow public sector employers to retain or rehire experienced employees into critical positions necessary for an effective response to the COVID-19 pandemic.
Statutory Authority for Adoption: RCW 41.50.050.
Statute Being Implemented: RCW 41.50.050.
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 Implementation: Seth Miller, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7304.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(a)(i) does not apply to this proposed rule and is not voluntarily made applicable by the agency.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
June 17, 2020
Jilene Siegel
Rules Coordinator
WAC 415-02-160Will postretirement employment performed during a period of emergency affect my retirement benefit?
During a period of emergency proclaimed by the governor under RCW 43.06.010(12) regarding the COVID-19 pandemic, and for which the governor has waived or suspended applicable statutory limitations, public service employment performed by a retiree shall not cause a suspension or reduction of retirement benefits.
For the purpose of this section, a "period of emergency" includes only the following: COVID-19 pandemic, for the period covered by the governor's proclamation.