WSR 24-11-015
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed May 6, 2024, 11:47 a.m., effective June 1, 2024]
Effective Date of Rule: June 1, 2024.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This rule implements chapter 199, Laws of 2023. Because the law goes into effect on June 1, 2024, the rule will go into effect on the same day.
Purpose: Implementing public safety employees' retirement plan membership for public safety telecommunicators.
Citation of Rules Affected by this Order: Amending WAC 415-106-105 and 415-106-110.
Statutory Authority for Adoption: RCW 41.50.050; and chapter 199, Laws of 2023.
Adopted under notice filed as WSR 24-07-081 on March 18, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 6, 2024.
Tracy Guerin
Director
OTS-5216.2
AMENDATORY SECTION(Amending WSR 22-13-091, filed 6/13/22, effective 7/14/22)
WAC 415-106-105May I join PSERS if my duties qualify for PSERS membership, but my employer is not specifically listed in ((WAC 415-106-010))RCW 41.37.010?
You do not qualify for membership unless your ((department or agency))employer is specifically listed in ((WAC 415-106-010))RCW 41.37.010, even if your employer employs one or more elected or appointed officials who are PSERS members.
AMENDATORY SECTION(Amending WSR 22-13-091, filed 6/13/22, effective 7/14/22)
WAC 415-106-110If I am a member of PERS, may I change my membership to PSERS?
You may have the right to change your retirement system membership from PERS to PSERS according to the requirements in this section.
(1) You may change retirement system membership from PERS to PSERS if:
(a) You were a member of either PERS Plan 2 or Plan 3 before July 1, 2006; and
(b) On July 1, 2006, you meet the requirements for membership in RCW 41.37.010; and
(c) You submit a properly completed election form to your employer between July 1, 2006, and September 30, 2006.
(2) You may also change retirement system membership from PERS to PSERS if:
(a) You were a member of either PERS Plan 2 or Plan 3 before January 1, 2019; and
(b) On January 1, 2019, you met the requirements for membership in RCW 41.37.010; and
(c) You submit a properly completed election form to your employer between January 1, 2019, and March 1, 2019.
(3) You may also change retirement system membership from PERS to PSERS if:
(a) You were a member of either PERS Plan 2 or Plan 3 before June 1, 2024; and
(b) On June 1, 2024, you met the requirements for membership in RCW 41.37.010 (19)(f); and
(c) You submit a properly completed election form to your employer between June 1, 2024, and September 1, 2024.
(4) Your change in membership is prospective only.
(((4)))(5) You will become a dual member of PSERS and PERS. All service credit and compensation previously reported in PERS will remain in PERS. Your retirement benefits will be governed by the dual member "portability" provisions in chapters 41.54 RCW and 415-113 WAC.
(((5)))(6) If you meet the conditions in subsection (1) ((or)), (2), or (3) of this section and do not elect PSERS membership during the election window, you cannot become a member of PSERS while you continue employment with the same employer; however, if you terminate your employment with that employer after the election window begins, and subsequently become employed in a PSERS eligible position, you will be mandated into PSERS membership.