WSR 00-04-024

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed January 24, 2000, 3:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-21-025.

Title of Rule: Changes to chapter 415-112 WAC to clarify and comply with amendments to chapter 41.32 RCW. New WAC in chapter 415-108 WAC to comply with change in chapter 41.40 RCW that allows members to designate trusts as beneficiaries of a death benefit.

Purpose: To amend the department's rules implementing the law codified in chapters 41.32 and 41.34 RCW in order to make those rules consistent with TRS Plan 3 which became effective July 1, 1996, and with clear rule-writing principles.

Statutory Authority for Adoption: RCW 41.50.050.

Statute Being Implemented: Chapters 41.32 and 41.34, 41.40 RCW.

Summary: The proposed rules amend the department's teacher retirement system rules so that they clarify and conform to RCW 41.32.831 et seq. and changes to chapters 41.32 and 41.40 RCW that allows members to designate a trust as the beneficiary of a death benefit.

Reasons Supporting Proposal: To bring the department's rules into conformity with chapters 41.32, 41.34 and 41.40 RCW as amended.

Name of Agency Personnel Responsible for Drafting: Elyette Weinstein, 6835 Capitol Boulevard, Tumwater, (360) 664-7307; Implementation and Enforcement: Margaret Wimmer, 6835 Capitol Boulevard, Tumwater, (360) 664-7044.

Name of Proponent: Department of Retirement Systems (DRS), governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule is an amendment to provisions of chapter 415-112 WAC governing the department's implementation of the teachers retirement systems codified in chapters 41.32 and 41.34 RCW. The amendments are necessary to reflect the existence of TRS Plan 3 which became effective July 1, 1996.

We have also revised rules in chapter 415-112 WAC to conform to clear rule-writing standards and reflect long standing department practice.

Proposal Changes the Following Existing Rules: The proposal changes the following WACs:

The following WACs are changed to include references to TRS Plan 3: WAC 415-112-125, 415-112-140, 415-112-145, 415-112-460, 415-112-4605, 415-112-4608, 415-112-471, 415-112-473, and 415-112-475.

The following WACs have been changed to reflect long standing department practice and clear rule-writing standards: WAC 415-112-330 and 415-112-477.

WAC 415-112-155 is changed to correct a typographical error.

WAC 415-112-510 is repealed because the conditions addressed by this section, drafted in 1978, no longer exist.

Two new sections WAC 415-112-920 and 415-112-950, have been drafted to conform to the requirements of RCW 41.32.875 regarding eligibility and chapter 41.34 RCW regarding investment program selection. (TRS Plan 3)

Two new sections WAC 415-112-705 and 415-108-315 have been added to:


Accommodate a recent change in the law that allows TRS and PERS members to designate a trust as a death benefit beneficiary;
Advise members how to fill out forms so that their intended beneficiaries receive the preretirement death benefit.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rules apply to public employers and employees participating in the retirement systems administered by DRS. No private business are [is] affected by the rules, therefore, no small business [economic] impact statement is required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. DRS is not one of the agencies that RCW 34.05.328 applies to. DRS does not opt to voluntarily bring itself within the coverage of that statute.

Hearing Location: Boardroom, 3rd Floor, 6835 Capitol Boulevard, Tumwater, WA, on March 10, 2000, at 3:00 p.m.

Assistance for Persons with Disabilities: Contact Elyette Weinstein by 11:00 a.m. March 10, 2000, TDD (360) 586-5450, or (360) 664-7298.

Submit Written Comments to: Elyette Weinstein, P.O. Box 48380, Olympia, WA 98504-8380, fax (360) 664-3618, by June 22, 1999 [March 9, 2000].

Date of Intended Adoption: Same as hearing date [March 10, 2000].

January 24, 2000

Elyette M. Weinstein

Rules Coordinator

OTS-3678.1


AMENDATORY SECTION(Amending WSR 95-16-053, filed 7/25/95, effective 8/25/95)

WAC 415-112-125
If I am eligible, how can I establish membership?

(1) If you met the conditions in the following table, you established TRS membership. Your plan status depends upon the date you established membership, as indicated in the following table:



Period of Service


Type of Employment

Plan

Prior to 10/01/771/

If you were contracted to teach full-time you were mandated into membership.

If you were employed under a less than full-time contract and you exercised your option to establish membership prior to 10/01/77, you had the option to apply for membership under RCW 41.32.240, if you worked 90 or more full-time days 2/ during a fiscal year.


Plan ((I)) 1

10/01/77 through 06/06/90

If you were contracted to teach full-time you were required to be a member.

If you were employed as a substitute teacher or under a less than full-time contract, you have the option to apply for membership under RCW 41.32.240 if you worked a minimum of 90 full-time days 2/ during a school year, provided 1 month had at least 90 hours.


Plan ((II)) 2

6/07/90

through 08/31/91


You must have been employed in an eligible position as defined in Section 2, Chapter 274, Laws of 1990, (requiring two or more consecutive months of at least 90 hours of compensated employment each month during a school year).

For substitute teachers: If you met the above criteria, you may apply for membership and service credit under RCW 41.32.013 and WAC 415-112-140.


Plan ((II)) 2

9/01/91

forward


You must be employed in an eligible position (requiring at least 5 months of 70 hours or more of compensated employment each month during a school year).

For substitute teachers:

If you meet the above criteria, you may apply for membership/service credit under RCW 41.32.013 and WAC 415-112-140.


Plan ((II)) 2
7/01/96 You must be employed in an eligible position (requiring at least 5 months of 70 hours or more of compensated employment each month during the school year).


For substitute teachers: If you meet the above criteria, you may apply for membership/service credit under RCW 41.32.013 and WAC 415-112-140.

Plan 3

1/ If you previously established Plan ((I)) 1 membership as detailed above, you may reestablish Plan ((I)) 1 membership after October 1, 1977.

2/ "Ninety days of employment," under RCW 41.32.240 and this section means either:

(a) Ninety full-time calendar days, or the equivalent, during a school year if you were employed as a teacher under a contract; or

(b) Ninety full-time days of actual, compensated service, or the equivalent, during a school year if you were employed as a substitute teacher.

(c) The "equivalent" of a full-time day of employment under (a) and (b) of this subsection is the sum of partial days which, when added together, equals one full-time day.


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

(a) "Member" - RCW 41.32.010.

(b) "Eligible position" - RCW 41.32.010.

(c) "Employer" - RCW 41.32.010.

(d) "Full-time" - RCW 41.32.240

(e) "Service" - RCW 41.32.010.

(f) "Substitute teacher" - RCW 41.32.010.

(g) "Teacher" - RCW 41.32.010.

(h) "School year" - WAC 415-112-0161.

[Statutory Authority: RCW 41.50.050. 95-16-053, 415-112-125, filed 7/25/95, effective 8/25/95.]


AMENDATORY SECTION(Amending WSR 95-16-053, filed 7/25/95, effective 8/25/95)

WAC 415-112-140
Am I eligible for membership and service credit as a substitute teacher?

(1) You may apply for membership and service credit in TRS as a substitute teacher if you meet eligibility criteria.

(a) TRS Plan ((I)) 1.

(i) If you are a former Plan ((I)) 1 member, you may apply to reestablish Plan ((I)) 1 membership if you work ninety or more full-time days during a school year as a teacher.

(ii) If you are a Plan ((I)) 1 member, you may apply to the department for service credit in Plan ((I)) 1 as a substitute teacher if you work a minimum of twenty full-time days during a school year.

(b) TRS Plan ((II)) 2.

(i) You may apply to the department for membership in Plan ((II)) 2 if you:

(A) Work at least seventy hours for five or more months during a school year; or

(B) Worked at least ninety hours for two consecutive months during the school year of September 1, 1990, through August 31, 1991.

(ii) If you have previously established membership in Plan ((II)) 2 and have not withdrawn your contributions, you may apply to the department for service credit based on any compensated employment you earn as a substitute teacher during a school year.

(c) TRS Plan 3.

(i) You may apply to the department for membership in Plan 3 if you:

(A) Began employment after July 1, 1996; and

(B) Work at least seventy hours for five or more months during a school year.

(ii) If you have established membership in Plan 3, either by transferring from Plan 2 or establishing membership after July 1, 1996, you may apply to the department for service credit based on any compensated employment you earn as a substitute teacher during a school year.

(2) To apply, you must submit your employer's quarterly reports to the department at the end of a year.

(a) To apply for membership and service credit as a substitute teacher, you must submit your employer's quarterly reports to the department no earlier than:

(i) June 30 of the year for which you are applying for Plan ((I)) 1 service credit; or

(ii) August 31 of the year for which you are applying for Plan ((II)) 2 or Plan 3 service credit.

(b) Your employer cannot report your service and earnings history as a substitute teacher to the department through the retirement system monthly reporting system unless you are also employed in a separate, eligible position with the same employer.

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

(a) "Member" - RCW 41.32.010.

(b) "Service" - RCW 41.32.010.

(c) "Substitute teacher" - RCW 41.32.010.

(d) "Teacher" - RCW 41.32.010.

[Statutory Authority: RCW 41.50.050. 95-16-053, 415-112-140, filed 7/25/95, effective 8/25/95.]


AMENDATORY SECTION(Amending WSR 95-16-053, filed 7/25/95, effective 8/25/95)

WAC 415-112-145
Can I terminate my status as a member?

(1) If you are a TRS Plan ((I)) 1 member, you will remain a member until you:

(a) Die;

(b) Retire for service or disability; or

(c) Withdraw your accumulated contributions.

(2) If you are a TRS Plan ((II)) 2 member, you will remain a member until you:

(a) Die;

(b) Retire for service or disability; or

(c) Separate from service as a teacher in an eligible position.

(3) If you are a TRS Plan 3 member, you will remain a member until you:

(a) Die; or

(b) Retire for service or disability.

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

(a) "Eligible position" - RCW 41.32.010.

(b) "Member" - RCW 41.32.010.

(c) "Service" - RCW 41.32.010.

(d) "Teacher" - RCW 41.32.010.

[Statutory Authority: RCW 41.50.050. 95-16-053, 415-112-145, filed 7/25/95, effective 8/25/95.]

OTS-3766.1


AMENDATORY SECTION(Amending WSR 95-16-053, filed 7/25/95, effective 8/25/95)

WAC 415-112-155
If I work in both a TRS position and PERS position during the same school year, which system will I be in?

(1) If you work in both a TRS and PERS position during the same school year, your membership status and the nature of your positions will determine the system your employer will report you in. You will be reported in either TRS or PERS according to the following tables:

Former TRS Plan I Members 1/


Type of

Concurrent Employment 2/


Type of

Employer(s)


System You Will Be Reported In

A substitute or less than full-time teaching position and a PERS-eligible position

Same employer

PERS - for both positions.

Separate TRS employers

PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and elect to establish TRS membership under RCW 41.32.240.

If you elect to establish TRS membership, your employers will report you in TRS for both positions. Any previously reported service credit and compensation in PERS will be transferred to TRS.


A TRS employer and non-TRS employer

PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and elect to establish TRS membership under RCW 41.32.240.

If you elect to establish TRS membership, you must elect either to:

1.Have your TRS service reported in PERS and receive service credit in PERS for both positions;

or

2.Have your TRS service reported in TRS and not receive service credit for the PERS position.


A full-time teaching position and an eligible PERS position

Same employer

TRS - for both positions.

Separate TRS employers
TRS - for both positions.

A TRS employer and non-TRS employer

You must elect to:

1.Have your TRS service reported in PERS and receive service credit in PERS for both positions;

or

2.Have your TRS service reported in TRS and not receive service credit for the PERS position.

TRS Plan I Members


Type of

Concurrent Employment 2/


Type of

Employer(s)


System You Will Be Reported In

A full-time or less than full-time TRS position and an eligible PERS position

Same employer

TRS - for both positions.

Separate TRS employers

TRS - for both positions.

A TRS employer and non-TRS employer

You must elect either to:

1.Have your TRS service reported in PERS and receive service credit in PERS for both positions;

or

2.Have your TRS service reported in TRS and not receive service credit for the PERS position.


A full-time or less than full-time TRS position and an ineligible PERS position

Same employer

TRS - for both positions.

Separate TRS employers

TRS - for both positions.

A TRS employer and non-TRS employer

TRS - for the TRS position only; your ineligible PERS position is not reportable.

TRS Plan II Members


Type of

Concurrent Employment 2/


Type of

Employer(s)


System You Will Be Reported In

An eligible TRS position and an ineligible PERS position

Same employer

TRS - for both positions.

Separate TRS employers

TRS - for TRS position only; your ineligible PERS position is not reported.

A TRS employer and non-TRS employer
TRS - for TRS position only; your ineligible PERS position is not reported.

An eligible TRS position and an ((ineligible)) eligible PERS position

Same employer

TRS - for both positions.

Separate TRS employers

TRS - for both positions. 3/

A TRS employer and non-TRS employer

You must elect either to:

1.Have your TRS service reported in PERS and receive service credit in PERS for both positions;

or

2.Have your TRS service reported in TRS and not receive service credit for the PERS position.

PERS Members


Type of

Concurrent Employment 2/


Type of

Employer(s)


System You Will Be Reported In

An eligible PERS position and an ineligible TRS or substitute position

Same employer

PERS - for both positions.

Separate TRS employers

PERS - for the PERS position only, unless you qualify for and elect to establish membership in TRS at the end of the school year under WAC 415-112-125 (1).

If you elect to establish TRS membership, your employers will report you in TRS for both positions. Any previously reported service credit and compensation in PERS will be transferred to TRS.


A TRS employer and non-TRS employer

PERS - for the PERS position only. You will not be reported for the TRS position unless you elect to either:

1.Have your TRS service reported in PERS and receive service credit in PERS for both positions:

or

2.Have your TRS service reported in TRS and not receive service credit for the PERS position.

Neither TRS Nor PERS Member


Type of

Concurrent Employment 2/


Type of

Employer(s)


System You Will Be Reported In

An ineligible TRS and an ineligible PERS position

Same employer

TRS - for both positions if the positions combined, qualify as an eligible position.

Separate employers, TRS or non-TRS

Neither position reported.

A substitute teaching position and an ineligible PERS position

Same employer

Neither position reported. However, if you qualify, you may elect to establish membership in TRS at the end of the school year for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.

Separate employers, TRS or non-TRS

Neither position reported. However, if you qualify, you may elect to establish membership in TRS at the end of the school year for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.

1/ "Former TRS I member", as used here, means you terminate your membership by withdrawing your contributions.

2/ "Concurrently" means during the same school year.

3/ EXAMPLE: A TRS II member teaches in an eligible position and during the summer, she works for a state agency in an eligible position under PERS. Because the member has established membership in TRS II through employment as a teacher, her state agency employer must report her service and compensation from the PERS position to the Department in TRS II.

EXAMPLE: A TRS II member is employed concurrently by School District A in an eligible TRS position and by School District B in an eligible PERS position. Because he is a TRS II member, School District B employer must report his service and compensation from the PERS position to the Department in TRS II. If the member terminates his employment in the TRS position with School District A, School District B will report him in PERS for the PERS position.

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

(a) "Eligible position" - RCW 41.32.010 (TRS); RCW 41.40.010 (PERS).

(b) "Employer" - RCW 41.40.010 (PERS); RCW 41.32.010 (TRS).

(c) "Full time" - RCW 41.32.240.

(d) "Ineligible position" - WAC 415-112-0154 (TRS); RCW 41.40.010 (PERS).

(e) "Member" - RCW 41.40.010.

(f) "Membership" - RCW 41.40.023.

(g) "Report" - WAC 415-108-0104.

(h) "Service" - RCW 41.40.010.

[Statutory Authority: RCW 41.50.050. 95-16-053, 415-112-155, filed 7/25/95, effective 8/25/95.]

OTS-3763.1


NEW SECTION
WAC 415-112-705
Designation of beneficiaries -- Death benefit if a member dies before retirement.

(1) As a member, you have the right to designate a beneficiary or beneficiaries to receive a benefit in the event of your death while you are an active member. You may change your beneficiary designation at any time by filing a change of beneficiary form with the department.

(2) Please check the form carefully after you have filled it out to make sure that it is complete, consistent and accurate. The department may return your form if it is inaccurate, inconsistent or incomplete, requiring that you fill out another one.

(3) As a member you may name:

(a) An organization or person, including your unborn or later adopted children. Unborn or later adopted children will not be included unless you specifically designate them as beneficiaries on the form. You must state the date of birth for any living person you name as a beneficiary;

(b) Your estate;

(c) An existing trust. You must send the department a copy of the trust document and the name, address, telephone number of the current trustee, and the tax identification number. If you do not send this information to the department, it will not honor the existence of a trust;

(d) A trust to be established under your last will.

(4) If you want the beneficiary to be entitled to a death benefit only if certain conditions exist, such as the establishment of a trust, you must state this on the beneficiary form that you file with the department.

(5) You may name contingent beneficiaries in addition to primary beneficiaries.


Example:


Facts


Royce, a member, fills out a beneficiary designation form. In section two of the form under "beneficiary designation," he names "Coco" his daughter from his second marriage. He checks the primary beneficiary designation box beside her name.


In addition, in section two, under "trusts or organizations," Royce names "Portia" his daughter from his first marriage. Next to Portia's name he checks the primary beneficiary box. Under the caption "trustee or administrator," he states: "Both."


Royce does not send a trust document to the department.


Result


The department should return this form to the member because it is incomplete and inconsistent. Since both daughters are named as primary beneficiaries the department cannot tell whether the member wanted each to be named as a primary beneficiary, simultaneously taking a percentage of the death benefit. The form does not state whether Portia is a contingent primary beneficiary who is only entitled to a benefit if a trust is in existence.


In addition, since the member did not submit a trust document the department cannot determine whether a trust is even in existence.

[]

OTS-3584.1


AMENDATORY SECTION(Amending WSR 97-09-037, filed 4/14/97, effective 5/15/97)

WAC 415-112-330
Calculating service credit for Plan ((I)) 1 K-12 employees.

For Plan ((I)) 1 members who are employed by a school district, a school year ((shall)) will consist of one hundred eighty days. One year of service credit ((shall)) will be granted to a Plan ((I)) 1 member who is employed as a classroom teacher for one hundred forty-four or more days during a school year. A fractional year of credit ((shall)) will be granted to a Plan ((I)) 1 member who is employed for at least twenty days but less than one hundred forty-four days during a school year. The fraction ((shall be that produced by using the)) will use days employed as the numerator and one hundred eighty as the denominator.

(1) If there is no contract, bargaining agreement or employer policy indicating how many hours are in a work day, a Plan ((I)) 1 classroom teacher ((shall)) will be granted one day of credit for every seven hours of compensated employment.

(2) If there is no contract, bargaining agreement or employer policy indicating how many hours are in a work day, Plan ((I)) 1 K-12 employees other than school district classroom teachers will earn one day of credit for every eight hours of compensated employment.

[Statutory Authority: RCW 41.50.050. 97-09-037, 415-112-330, filed 4/14/97, effective 5/15/97. Statutory Authority: RCW 41.50.050 and 41.32.570. 91-21-084, 415-112-330, filed 10/18/91, effective 11/18/91. Statutory Authority: RCW 41.32.270 and 41.32.010 (11)(a)(ii). 88-17-052 (Order 88-13), 415-112-330, filed 8/17/88.]


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-460
Payments for services rendered.

WAC 415-112-4601 through 415-112-4609 discuss types of payments for services rendered. Each of the payment types are reportable compensation for TRS Plan ((I)) 1. Certain types of payments for services rendered are excepted from reportable compensation for TRS Plan ((II)) 2 and Plan ((III)) 3, see WAC 415-112-4605.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-460, filed 1/6/97, effective 2/6/97.]


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-4605
Leave payments earned over time.

(1) Sick, annual, and personal leave usage. Sick leave, annual leave, and personal leave is accumulated over time and paid to a person during a period of excused absence. Leave accrues at a prescribed rate, usually a certain number of hours per month. The employee earns a leave day by rendering service during the month the leave was accumulated. When the employee uses his or her accrued leave by taking a scheduled work day off with pay, the payment is deferred compensation for services previously rendered. The payment is a salary or wage earned for services rendered and is reportable.

(2) Annual leave cash outs. Annual leave and personal leave cash outs, like payments for leave usage, are deferred compensation earned for services previously rendered.

(a) Plan ((I)) 1. Annual leave and personal leave cash outs are reportable for TRS Plan ((I)) 1.

(b) Plan ((II)) 2 and Plan ((III)) 3. Although the payments are for services rendered, annual leave and personal leave cash outs are excluded from the definition of reportable compensation in TRS Plan ((II)) 2 and TRS Plan ((III)) 3, see RCW 41.32.010 (10)(b).

(3) Sick leave cash outs. Sick leave cash outs are deferred compensation for services previously rendered. However, these payments are statutorily excluded from reportable compensation for all TRS Plans. See RCW 41.32.010(10), 41.04.340, 28A.400.210 and 28A.310.490.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-4605, filed 1/6/97, effective 2/6/97.]


AMENDATORY SECTION(Amending WSR 98-09-059, filed 4/17/98, effective 5/18/98)

WAC 415-112-4608
Severance pay earned over time.

(1) Plan ((I)) 1. Severance pay must be earned over time in the same manner as annual leave or sick leave in order to be deferred compensation for services previously rendered and to be reportable in Plan ((I)) 1. Severance pay is earned over time if the employment contract(s) entered into at the beginning of the period of employment specify that a certain amount of severance pay will be earned in the coming year in consideration for services rendered.


Example: Mr. Jones is a TRS Plan ((I)) 1 member employed as a school administrator. Since the beginning of his term of employment with the district, his contract has specified that he will earn one week of severance pay for every year of his employment. The earned severance pay will be paid at the time of his separation. His severance pay is reportable compensation. When Mr. Jones retires, the two weeks severance pay that he earned during his two highest paid years (i.e., one week per year for two years) will be included in his TRS Plan ((I)) 1 retirement calculation.


(2) Plans ((II)) 2 and ((III)) 3. All forms of severance pay are excluded from earnable compensation for Plans ((II)) 2 and ((III)) 3 by RCW 41.32.010(10).

(3) Severance pay that is not earned over time is not earned for services rendered and is not reportable in Plan ((I, II, or III)) 1, 2, or 3, see WAC 415-112-491.

[Statutory Authority: RCW 41.50.050. 98-09-059, 415-112-4608, filed 4/17/98, effective 5/18/98; 97-03-016, 415-112-4608, filed 1/6/97, effective 2/6/97.]


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-471
Legislative leave.

If an employee takes a leave without pay to serve in the legislature, the member is entitled to service and reportable compensation credit for the period.

(1) Plan ((I)) 1. The salary the employee would have earned is reportable compensation if the employee serves at least five years in the legislature. Employer contributions are not required on this imputed payment. Employee contributions are required.

(2) Plan ((II)) 2 and Plan ((III)) 3. The employee may choose between:

(a) The reportable compensation he or she would have earned had the member not served in the legislature; or

(b) The actual reportable compensation received for teaching plus the legislative reportable compensation.

If the employee selects option (a), he or she is responsible for paying the additional employer and employee contributions to the extent the reportable compensation reported is higher than it would have been under (b) of this subsection.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-471, filed 1/6/97, effective 2/6/97.]


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-473
Paid leave not earned over time.

If paid leave is not based upon earned leave accumulated over time, the payment is not a deferred payment for services previously rendered. Further, the member on leave is not currently rendering services in exchange for the payment. However, RCW 41.32.267, 41.32.810 and 41.32.865 identify payments received from the employer while on paid leave as reportable for TRS. Contributions are due on these payments to the extent they meet the following conditions:

(1) The payment is equal to the salary for the position that the person is on leave from;

(2) The payment is actually from the employer. Payments from an employer that are conditioned upon reimbursement from a third party are payments from the third party. Because the payments are not from the employer, they are not reportable compensation. The only exception is union leave paid by the employer subject to reimbursement from the union under the conditions specified in RCW 41.32.267 (Plan ((I)) 1), 41.32.810 (Plan ((II)) 2), 41.32.865 (Plan ((III)) 3), and WAC 415-112-475.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-473, filed 1/6/97, effective 2/6/97.]


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-475
Union leave.

If a member takes an authorized leave of absence to serve as an elected official of a labor organization and the employer pays the member on leave subject to reimbursement from the union, the person's pay qualifies as reportable compensation provided that all the conditions of RCW 41.32.267 (Plan ((I)) 1), RCW 41.32.810 (Plan ((II)) 2), or RCW 41.32.865 (Plan ((III)) 3), as appropriate, are met.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-475, filed 1/6/97, effective 2/6/97.]

OTS-3662.1


AMENDATORY SECTION(Amending WSR 97-03-016, filed 1/6/97, effective 2/6/97)

WAC 415-112-477
Reinstatement or payment instead of reinstatement.

(1) Payments to an employee are not earned for services rendered if an employer makes ((payments to an employee)) them for periods ((where)) during which the employee was not employed and ((those)) the payments are made either upon reinstatement ((of the employee)) or instead of reinstatement((, the payments are not earned for services rendered)). ((However)) Nonetheless, RCW 41.40.010(10) specifically designates ((such)) these payments as reportable compensation. The payments are only reportable to the extent that they are equivalent to the salary the employee would have earned had he or she been working. ((Any such)) The payment will be prorated over the entire period that the employee was suspended, terminated, or otherwise absent from work.

(2) For purposes of subsection (1) of this section, "reinstatement" means that the employee is entitled to return to full employment rights by action of either the state personnel board or personnel appeals board following an appeal hearing.

[Statutory Authority: RCW 41.50.050. 97-03-016, 415-112-477, filed 1/6/97, effective 2/6/97.]

OTS-3618.1


NEW SECTION
WAC 415-112-920
TRS Plan 3 defined benefit retirement eligibility.

(1) Definition: Qualified service credit. Members may use only qualified service credit to receive a retirement benefit from the TRS Plan 3 defined benefit plan. The following types of service credit may be used to qualify for retirement:

(a) TRS Plan 3 service credit;

(b) Service credit earned in a dual member system, but only in combination with TRS Plan 3 service credit under chapter 41.54 RCW;

(c) Up to forty-five days of sick leave under RCW 41.32.010;

(d) Service earned in an out-of-state retirement system that covers public school teachers under RCW 41.32.065.

(2) Members must be age sixty-five to retire with an unreduced defined benefit if they have earned the following amounts of qualified service credit:

(a) Ten service credit years; or

(b) Five service credit years which must include twelve service credit months after attaining age fifty-four; or

(c) Five service credit years by July 1, 1996, earned as a TRS Plan 2 member.

(3) Members may retire at age fifty-five with an actuarially reduced defined benefit under RCW 41.32.875 if they have accumulated at least ten years of qualified service credit.

(4) TRS Plan 3 retirement application.

A member must:

(a) Meet the above-stated age and service credit requirements; and

(b) Submit a complete, signed and notarized TRS Plan 3 retirement application; and

(c) Terminate employment with all retirement system employers from which they are claiming service credit. Termination from non-TRS system employers is required if a member is using dual membership rules to qualify for retirement under chapter 41.54 RCW.

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NEW SECTION
WAC 415-112-950
Mandatory selection of investment program.

A TRS Plan 3 member must select one of the ERBB approved Plan 3 investment programs at the time of enrollment.

(1) Members will be automatically enrolled in the investment program with the total allocation portfolio (TAP) of the Washington State Investment Board (WSIB) if they fail to select an investment program within ninety days of enrollment.

(2) Members must designate one hundred percent of their monthly contributions to a single investment program (self-directed or WSIB). However, they may allocate portions of their contributions to different investment options within the self-directed investment program.

(3) Members have the option to change investment programs and have future contributions posted to another approved investment program. The member must complete a change of investment program form and file it with their employer. Employers must notify the department when a member files for a change of investment form.

(4) Members may maintain accounts in more than one investment program, although they may contribute to only one program at a time. They may transfer funds between investment programs at any time.

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OTS-3762.1


NEW SECTION
WAC 415-108-315
Designation of beneficiaries -- Death benefit if a member dies before retirement.

(1) As a member, you have the right to designate a beneficiary or beneficiaries to receive a benefit in the event of your death while you are an active member. You may change your beneficiary designation at any time by filing a change of beneficiary form with the department.

(2) Please check the form carefully after you have filled it out to make sure that it is complete, consistent and accurate. The department may return your form if it is inaccurate, inconsistent or incomplete, requiring that you fill out another one.

(3) As a member you may name:

(a) An organization or person, including your unborn or later adopted children. Unborn or later adopted children will not be included unless you specifically designate them as beneficiaries on the form. You must state the date of birth for any living person you name as a beneficiary;

(b) Your estate;

(c) An existing trust. You must send the department a copy of the trust document and the name, address, telephone number of the current trustee, and the tax identification number. If you do not send this information to the department, it will not honor the existence of a trust;

(d) A trust to be established under your last will.

(4) If you want the beneficiary to be entitled to a death benefit only if certain conditions exist, such as the establishment of a trust, you must state this on the beneficiary form that you file with the department.

(5) You may name contingent beneficiaries in addition to primary beneficiaries.


Example:


Facts


Royce, a member, fills out a beneficiary designation form. In section two of the form under "beneficiary designation," he names "Coco" his daughter from his second marriage. He checks the primary beneficiary designation box beside her name.


In addition, in section two, under "trusts or organizations," Royce names "Portia" his daughter from his first marriage. Next to Portia's name he checks the primary beneficiary box. Under the caption "trustee or administrator," he states: "Both."


Royce does not send a trust document to the department.


Result


The department should return this form to the member because it is incomplete and inconsistent. Since both daughters are named as primary beneficiaries the department cannot tell whether the member wanted each to be named as a primary beneficiary, simultaneously taking a percentage of the death benefit. The form does not state whether Portia is a contingent primary beneficiary who is only entitled to a benefit if a trust is in existence.


In addition, since the member did not submit a trust document the department cannot determine whether a trust is even in existence.

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Washington State Code Reviser's Office