WSR 01-05-075

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed February 15, 2001, 3:25 p.m. ]

Subject of Possible Rule Making: The department would amend chapter 415-210 WAC, Teachers' retirement system plan III -- Defined contribution plan, and transfer it to chapter 415-112 WAC, which covers the majority of the teachers' retirement system (TRS). The amendment would provide an annual window during which time TRS Plan 3 members could change their contribution rate and retain the 5% minimum contribution rate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.34.040, 41.50.050(5).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The proposed rules would provide an annual window during which time TRS Plan 3 members could change their contribution rate and retain the 5% minimum contribution rate. Any such change would be contingent on the legislature's statutory change to RCW 41.34.040, and the IRS' approval (as described below).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Internal Revenue Service (IRS) regulates the type of defined contribution plan that TRS Plan 3 provides. Any changes in this WAC would be contingent on a favorable IRS determination letter.

Process for Developing New Rule: Department staff will work on the project, with the assistance of the Office of the Attorney General. The public is invited and encouraged to participate, as described below.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The Department of Retirement Systems (DRS) encourages your active participation in the rule-making process. Anyone interested in participating should contact the rules coordinator, below. After the rule(s) is drafted, DRS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and send a copy to everyone currently on the mailing list and anyone else who requests a copy. For more information on how to participate, please contact Merry A. Kogut, Rules Coordinator, Department of Retirement Systems, Mailstop 48380, P.O. Box 48380, Olympia, WA 98504-8380, voice (360) 664-7291, TTY (360) 586-5450, e-mail merryk@drs.wa.gov, fax (360) 753-3166.

February 15, 2001

Merry A. Kogut

Rules Coordinator

© Washington State Code Reviser's Office