[Filed February 25, 2026, 4:27 p.m.]

Preproposal statement of inquiry was filed as WSR 25-23-102.

Title of Rule and Other Identifying Information: Requests for employer information.

Hearing Location(s): On April 9, 2026, at 2:00 p.m., via Microsoft Teams at https://www.drs.wa.gov/sitemap/rules/#proposed-rule-hearings, Meeting ID 291 295 408 816 09, Passcode g4vf6kC9; or Phone 833-322-1218, Code 894 458 610#.

Date of Intended Adoption: April 16, 2026.

Submit Written Comments to: Bianca Stoner, Department of Retirement Systems (DRS), P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, beginning March 9, 2026, 8:00 a.m., by April 8, 2026, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Bianca Stoner, phone 360-664-7291, TTY 711, email drs.rules@drs.wa.gov, by April 6, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DRS is developing a rule to streamline how it manages requests for employer information (RFEIs) used to obtain information from employers for DRS to calculate member benefits. The proposed process will introduce structured follow-up steps and a final notice protocol to address persistent nonresponses and reduce a backlog of approximately 5,000 outstanding RFEIs.

Reasons Supporting Proposal: To create additional clarity regarding the RFEI process.

Statutory Authority for Adoption: RCW 41.50.050.

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

Name of Proponent: DRS, governmental.

Name of Agency Personnel Responsible for Drafting: Candice Myrum, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7124; Implementation and Enforcement: Mike Ricchio, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7227.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(a)(i) does not apply to this proposed rule, and DRS is not voluntarily making it applicable.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: Rules from DRS only affect members and beneficiaries of the state retirement systems and participating public employers. As a result, the rules do not affect small businesses.

Scope of exemption for rule proposal:

WAC 415-117-060Employer responses to information requests.

(1) What is an information request? Outside of the monthly earnings and hours reporting that employers submit, DRS commonly requests specific information from employers when performing account actions to obtain new information or to clarify our understanding of existing reporting. Examples include confirmation that an employee was on an authorized leave of absence or that an unusual change in hours or compensation reported is correct.

(2) How soon must an employer respond to an information request? Employer responses to information requests must be submitted within 90 calendar days.

(a) The department will evaluate the response and determine if it provides sufficient information.

(i) The department's determination as to the sufficiency of an employer's response is based solely on whether the information provided by the employer allows the department to accurately process any account actions relevant to the request in compliance with applicable laws.

(ii) If the response is determined to be sufficient, the department will close the request.

(iii) If the response is determined to be insufficient, the department may reject the response and return the request to the employer for clarification or additional information.

(b) An employer may request clarification on what information is required by either leaving a comment in the electronic request system or by contacting the department's employer support team.

(3) What happens if an employer does not respond or does not submit a sufficient response? If a sufficient response is not received, the department may choose to proceed with the account action based on the department's interpretation of data previously reported.

(a) If the department chooses to proceed without receiving a sufficient response from the employer, the department will notify the employer that:

(i) The request will be closed if no sufficient response is received within the next 30 calendar days; and

(ii) Unless they submit a sufficient response, the employer may incur financial responsibility under (d)(ii) of this subsection.

(b) If no sufficient response is received within the next 30 days, the department will close the request and notify the employer that the department will proceed with the account action.

(c) An employer's failure to sufficiently respond to the department's request could constitute "an employer error" as provided for in RCW 41.50.140(2) or erroneous employer reporting under RCW 41.50.139.

(d) If an overpayment to the retiree resulting from that account action is later discovered, the department:

(i) Will correct the amount of any prospective payments to the retiree; and

(ii) May invoice the employer for any overpayments.

(e) An employer may respond to a closed request, which would resolve the employer error. Only responses that provide sufficient information to correctly process the relevant account action(s) will resolve the employer error. The department may invoice the employer for any overpayments made before the employer submitted a sufficient response.