PROPOSED RULES
COMMUNITY AND TECHNICAL COLLEGES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-09-017.
Title of Rule: Retirement rule revisions, WAC 131-16-021.
Purpose: To clarify rules to reflect that part-time faculty and administrators employed at 50% are eligible for enrollment in the TIAA/CREF retirement plan. Deletes language that is no longer applicable and further clarifies eligibility.
Statutory Authority for Adoption: Chapter 28B.50 RCW.
Statute Being Implemented: WAC 131-16-021.
Summary: See Purpose above. We plan to adopt emergency rules at the June 17 state board meeting in Vancouver, Washington.
Reasons Supporting Proposal: In response to changes made legislatively and also administratively.
Name of Agency Personnel Responsible for Drafting and Implementation: John Boesenberg, 319 7th Avenue, Olympia, WA, (360) 753-3661; and Enforcement: Howard Fischer, Senior Assistant Attorney General, (360) 586-2789.
Name of Proponent: State Board for Community and Technical Colleges, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: Changes eligibility for part-time faculty and administrator participation in the TIAA/CREF retirement plan and further clarifies eligibility.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Whatcom Community College, 237 West Kellogg Road, Bellingham, WA, on September 16, 1999, at 10:15 a.m.
Assistance for Persons with Disabilities: Contact C. Krueger, e-mail ckrueger@sbctc.ctc.edu, by August 30, 1999, fax (360) 586-6440.
Submit Written Comments to: John Boesenberg, P.O. Box 42495, Olympia, WA 98504-2495, fax (360) 586-6440, by August 30, 1999.
Date of Intended Adoption: September 16, 1999.
June 3, 1999
Claire C. Krueger
Executive Assistant and
Agency Rules Coordinator
OTS-3076.3
AMENDATORY SECTION(Amending WSR 98-14-033, filed 6/23/98,
effective 7/24/98)
WAC 131-16-021
Employees eligible to participate in
retirement annuity purchase plan.
(1) Eligibility to participate
in the TIAA/CREF plan is limited to persons who hold appointments
to college district or state board staff positions as full-time
or part-time faculty members or administrators exempt from the
provisions of chapter 28B.16 RCW and ((who)), effective July 1,
1999, are assigned a cumulative total of at least ((eighty))
fifty percent of full-time workload as defined by the collective
bargaining agreement and/or the appointing authority at one or
more college districts or the state board for at least two
consecutive college quarters ((or whose employment meets the
requirements for an "eligible position" as defined by the
Washington state teachers retirement system)). (Part-time
faculty workload is calculated in accordance with RCW 28B.50.489
and 28B.50.4891.)
(2) Participation in the plan is also permitted for current and former employees of college districts or the state board who are on leave of absence or who have terminated employment by reason of permanent disability and who are receiving a salary continuation insurance benefit through a plan made available by the state of Washington: Provided, That such noncontributory participation shall not be creditable toward the number of years of full-time service utilized in calculating eligibility for supplemental retirement benefits pursuant to WAC 131-16-061.
(3) Optional participation in tax-deferred annuities other than this qualified plan as offered by individual colleges is permitted consistent with the Internal Revenue Code: Provided, That the provisions of WAC 131-16-015, 131-16-050, and 131-16-061 shall not apply in such cases. Optional tax-deferred annuities are provided through a salary reduction agreement between the employee and employer. There is no employer contribution for optional tax-deferred annuities.
(4) An employee who moves from an ineligible to an eligible position for the same appointing authority may become a participant by so electing in writing within six months following such move.
(5) A participant who moves from an eligible position to an ineligible position for the same appointing authority may continue to be a participant by so electing within six months following such move.
(6) Participants shall continue participation regardless of the proportion of full-time duties assigned, except as otherwise provided in this section, as long as continuously employed by the same appointing authority. For the purpose of this section, spring and fall quarters shall be considered as consecutive periods of employment.
(7) As a condition of employment, all employees who become eligible on and after January 1, 1997, shall participate in this plan upon initial eligibility. Notwithstanding this provision, all eligible new employees who at the time of employment are members of the Washington state teachers retirement system or the Washington public employees retirement system may participate as provided in WAC 131-16-031(1).
[Statutory Authority: RCW 28B.10.400 and chapter 28B.50 RCW. 98-14-033, § 131-16-021, filed 6/23/98, effective 7/24/98. Statutory Authority: Chapter 28B.50 RCW. 97-10-069, § 131-16-021, filed 5/5/97, effective 7/8/97. Statutory Authority: RCW 28B.10.400. 91-13-048 (Resolution No. 91-20, Order 129), § 131-16-021, filed 6/14/91, effective 7/15/91.]