WSR 16-09-051
[Filed April 15, 2016, 3:05 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-05-081.
Title of Rule and Other Identifying Information: Deferred compensation program rules, including WAC 415-501-110 Definitions, 415-501-410 How do I enroll in the plan?, and 415-501-475 May I choose how I want my deferred compensation invested?
Hearing Location(s): Department of Retirement Systems, Conference Room 115, 6835 Capitol Boulevard S.E., Tumwater, WA 98502, on Wednesday, May 25, 2016, at 10:00 a.m.
Date of Intended Adoption: May 25, 2016.
Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail, fax (360) 753-5397, by May 24, 2016, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Jilene Siegel by May 23, 2016, TTY (866) 377-8895 or (360) 586-5450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the deferred compensation program enrollment process and establish the default investment.
Statutory Authority for Adoption: RCW 41.50.050(5).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Brian Berghoff, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7009; and Implementation: Shawn Merchant, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7303.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. These rules do not impact small businesses and are not being submitted by the state board of education.
A cost-benefit analysis is not required under RCW 34.05.328. The department of retirement systems is not listed in RCW 34.05.328 as required to prepare a cost-benefit analysis.
April 15, 2016
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-10-045, filed 4/30/14, effective 6/1/14)
WAC 415-501-110 Definitions.
(1) Accumulated deferrals. Compensation deferred under the plan, adjusted by income received, increases or decreases in investment value, fees, and any prior distributions made.
(2) Beneficiary. The person or entity entitled to receive benefits under the plan after the death of a participant.
(3) Compensation. All payments made to a participant by the employer as remuneration for services rendered.
(4) Deferred compensation. The amount of the participant's compensation that is deferred under a participation agreement. See WAC 415-501-410 and 415-501-450.
(5) Deferred compensation plan or plan. A plan that allows employees of the state of Washington and approved political subdivisions of the state of Washington to defer a portion of their compensation according to the provisions of Section 457(b) of the Internal Revenue Code.
(6) Department. The department of retirement systems created by RCW 41.50.020 or its designee.
(7) Eligible employee. Any person who is employed by and receives any type of compensation from a participating employer for whom services are provided, and who is:
(a) A full-time, part-time, or career seasonal employee of Washington state, a county, a municipality, or other political subdivision of the state, whether or not covered by civil service;
(b) An elected or appointed official of the executive branch of the government, including a full-time member of a board, commission, or committee;
(c) A justice of the supreme court, or a judge of the court of appeals or of a superior or district court; or
(d) A member of the state legislature or of the legislative authority of a county, city, or town.
(8) Eligible rollover distribution. A distribution to a participant of any or all funds from an eligible retirement plan unless it is:
(a) One in a series of substantially equal annuity payments;
(b) One in a series of substantially equal installment payments payable over ten years or more;
(c) Required to meet minimum distribution requirements of the plan; or
(d) Distributed for hardship or unforeseeable emergency from a 457 plan.
(9) Employer.
(a) The state of Washington; and
(b) Approved political subdivisions of the state of Washington.
(10) Normal retirement age. An age designated by the participant for purposes of the three-year catch-up provision described in WAC 415-501-430(2). The participant may choose a normal retirement age between:
(a) The earliest age at which an eligible participant has the right to receive retirement benefits without actuarial or similar reduction from his/her retirement plan with the same employer; and
(b) Age seventy and one-half.
(11) Participant. An eligible employee:
(a) Who has submitted a participation agreement that is approved by the department; and
(b) Who either:
(i) Is currently deferring compensation under the plan; or
(ii) Has previously deferred compensation and has not received a distribution of his/her entire benefit under the plan.
(12) Participation agreement. The agreement executed by an eligible employee to enroll in the plan through methods established by the department. Includes the participant's authorization to defer compensation through payroll deductions pursuant to WAC 415-501-410((, in which the eligible employee chooses to become a plan participant)) and 415-501-450.
(13) You, as used in this chapter, means a participant as defined in subsection (11) of this section.
AMENDATORY SECTION (Amending WSR 14-10-045, filed 4/30/14, effective 6/1/14)
WAC 415-501-410 How do I enroll in the plan?
(1) As an eligible employee, you may enroll in the plan by executing a participation agreement according to methods established by the department.
(2) By ((signing)) executing the participation agreement, you authorize your employer to reduce your gross compensation each month by a specific amount. This amount will be contributed to your deferred compensation account. Your employer will reduce your compensation by the specified amount until you change the amount (WAC 415-501-450) ((or suspend contributions (WAC 415-501-470))).
(3) Deferrals from your compensation will start during the calendar month after the month your participation agreement is approved by the department.
(4) Reenrollment. If you transfer from a state agency to another state agency without a separation of employment, your deferred compensation program (DCP) enrollment will be automatically transferred to the new state agency. Your contributions will automatically continue. If you separate from employment with a DCP employer (break in service) and return to employment with a DCP employer, you must reenroll in the program if you want to resume contributions to DCP.
AMENDATORY SECTION (Amending WSR 14-10-045, filed 4/30/14, effective 6/1/14)
WAC 415-501-475 May I choose how I want my deferred compensation invested?
(1) ((You must designate on your participation agreement the investment option(s) in which you wish to have your deferrals invested.
(2))) Yes. When you enroll, you may select one or more of the investment options offered.
(2) The department will invest one hundred percent of your future contributions in the Retirement Strategy Fund that assumes you will retire at age sixty-five if any of the following occurs during the enrollment process.
(a) An investment option is not selected.
(b) The total percentage does not equal one hundred percent when multiple investment options are selected.
(3) In general, you may change the investment of your accumulated deferrals, the investment of your future deferrals, or both, through the methods established by the department. However, if necessary to protect the performance results of the DCP program, the department has the right to:
(a) Limit the number of times you change investment options;
(b) Limit the frequency of the changes;
(c) Limit the manner of making changes; or
(d) Impose other restrictions.
In addition, changes must be consistent with any restrictions on trading imposed by the investment options involved.
(((3))) (4) Beneficiaries over age eighteen and former spouses may change the investment options through the methods established by the department once a separate account has been established for them. The guardian of a minor beneficiary may change the investment options on the minor's account if authorized by the order of guardianship.