Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-06-041.

     Title of Rule and Other Identifying Information: WAC 415-110-690 How is a position determined eligible?

     Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on October 26, 2005, at 10:00 a.m.

     Date of Intended Adoption: October 27, 2005.

     Submit Written Comments to: Leslie L. Saeger, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail leslies@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on October 26, 2005.

     Assistance for Persons with Disabilities: Contact Leslie L. Saeger, Rules Coordinator, by October 18, 2005, TDD (360) 664-7291, TTY (360) 586-5450, phone (360) 664-7291.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This school employees' retirement system rule has been rewritten to improve clarity.

     Statutory Authority for Adoption: RCW 41.50.050(5) and 41.35.020.

     Statute Being Implemented: RCW 41.35.010(22).

     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 Drafting: Leslie Saeger, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Dave Nelsen, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no effect on businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

September 19, 2005

Leslie Saeger

Rules and Contracts Coordinator

OTS-8354.1

AMENDATORY SECTION(Amending WSR 02-18-046, filed 8/28/02, effective 9/30/02)

WAC 415-110-690   How is ((my eligibility evaluated)) a position determined eligible?   (1) ((Your eligibility is based on your position. In evaluating whether your position is eligible, your employer will determine only whether the position meets the criteria of an eligible position under RCW 41.35.010. Your employer will not consider your membership status or individual circumstances unless you:

     (a) Leave employment in an eligible position to serve in a project position (see WAC 415-110-680); or

     (b) Work in both a SERS and TRS position during the same school year (see WAC 415-110-728).)) A position is eligible if it meets the criteria of an eligible position under RCW 41.35.010.

     (2) Your employer will evaluate your position's eligibility for a particular year at the beginning of the year unless you are working as an on-call substitute.

     (3) Your employer ((or the department)) may reclassify ((your)) a position's eligibility based upon ((your actual)) its work history.

     (a) If your employer declares ((your)) a position to be ineligible at the beginning of a year, and by the end of the year((, you have)) it has actually ((worked)) required five or more months of seventy or more hours of compensated service, your employer will((, at that time,)) review ((your)) the position's eligibility. If at the end of the first year:

     (((a))) (i) Your employer believes ((your)) the position meets the requirements for an eligible position and declares the position as eligible, ((you will enter membership and)) your employer will report ((you)) your hours and compensation to the department effective prospectively from the date your employer ((declares)) makes the determination that the position ((as)) is eligible; or

     (((b))) (ii) Your employer believes that the position will not meet the criteria for an eligible position during the next year, your employer may continue to define ((your position)) it as ineligible. However, if during the next year, the position actually requires ((you to again work)) five or more months of seventy or more hours ((each month for at least five months)) of compensated service, ((the department)) your employer will declare ((your)) the position as eligible. ((You will enter membership in the retirement system.

     (i) Except as provided in (b)(ii) of this subsection, your employer will report you to the department effective from the first month of the first year in which your position required you to work for seventy or more hours.

     (ii) If:

     (A) Your employer has monitored the work history of your position for eligibility;

     (B) Has notified you in writing when you entered the position that the position was not considered eligible; and

     You will enter membership prospectively.)) Once the position is reclassified as eligible, your employer will report your hours and compensation to the department retroactively from the first month of the first year that the position required seventy or more hours of compensated service.

     (b) If the position has been classified as eligible, but does not require five or more months of seventy or more hours of compensated service during at least one year in any two-year period, your employer will reclassify it as ineligible.

     (4) The department ((will not)) may reclassify ((your)) a position's eligibility ((until)) if the history of the position shows ((that it meets the criteria for an eligible position. If your employer has declared your position ineligible, the department will not reclassify your position as eligible until history of the position shows a period of two consecutive years of at least five months of seventy or more hours of compensated employment each month.

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

     (a) "Eligible position" - RCW 41.35.010.

     (b) "Employer" - RCW 41.35.010.

     (c) "Ineligible position" - RCW 41.35.010.

     (d) "Membership" - RCW 41.35.030.

     (e) "Project position" - WAC 415-110-010.

     (f) "Report" - WAC 415-110-010.

     (g) "Year" - WAC 415-110-010)) it has required five or more months of seventy or more hours of compensated service for a period of two consecutive years. Once the position is reclassified as eligible, your employer will report your hours and compensation to the department retroactively from the first month of the first year that the position required seventy or more hours of compensated service.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.35 RCW. 02-18-046, § 415-110-690, filed 8/28/02, effective 9/30/02. Statutory Authority: Chapters 41.32, 41.34, 41.35, 41.50 RCW. 01-01-059, § 415-110-690, filed 12/12/00, effective 1/12/01.]

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