[Filed March 20, 2019, 10:00 a.m.]

Preproposal statement of inquiry was filed as WSR 19-02-052.

Title of Rule and Other Identifying Information: WAC 415-106-010 Public safety employees' retirement system (PSERS) definitions, 415-106-100 Am I eligible for PSERS membership?, and 415-106-110 If I am a member of PERS may I change my membership to PSERS?

Hearing Location(s): On April 24, 2019, at 10:00 a.m., at the Department of Retirement Systems, 6835 Capitol Boulevard S.E., Tumwater, WA 98501.

Date of Intended Adoption: April 25, 2019.

Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, by April 23, 2019.

Assistance for Persons with Disabilities: Contact Jilene Siegel, phone 360-664-7291, TTY 711, email drs.rules@drs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the PSERS definitions and incorporate changes implemented by chapter 241, Laws of 2018.

Reasons Supporting Proposal: These proposed amendments reflect the changes to PSERS membership that were enacted by chapter 241, Laws of 2018.

Statutory Authority for Adoption: RCW 41.50.050.

Statute Being Implemented: RCW 41.37.010, 41.37.301.

Name of Proponent: Department of retirement systems, governmental.

Name of Agency Personnel Responsible for Implementation: Amy McMahan, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7307.

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. The department of retirement systems is not a listed agency in RCW 34.05.328 (5)(a)(i).

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(3) as the rule content is explicitly and specifically dictated by statute.

Is exempt under RCW 19.85.025(4) as the rule only affects public employers and members of the public safety employees' retirement system, and does not affect small businesses.

AMENDATORY SECTION(Amending WSR 16-17-128, filed 8/23/16, effective 9/23/16)

WAC 415-106-010Definitions.

The definitions in RCW 41.37.010 and WAC 415-02-030 apply to terms used in this chapter. Other terms relevant to the administration of chapter 41.37 RCW are defined in this chapter.

(1) AFC means average final compensation as defined in RCW 41.37.010(14).

(2) City corrections department means any subsection or unit of a city employing correctional employees.

(3) County corrections department means any subsection or unit of a county employing correctional employees.

(4) Employer means the state or local government entities as defined in RCW 41.37.010(4) employing members eligible for PSERS.

(5) Full-time employee means an employee who is regularly scheduled to provide at least one hundred sixty hours of compensated service for an employer each calendar month.

(6) LEOFF means the law enforcement officers' and firefighters' retirement system.

(7) Nursing care, for purposes of membership eligibility under RCW 41.37.010(19), refers to services provided on behalf of a qualifying PSERS employer in which an employee is required to hold a valid certification and/or license in the state of Washington and the primary duty is to provide direct patient nursing care. Services include the identification of, and discrimination between, the individual's physical and psychosocial needs, treatment, counseling, patient education, self-care and the administration of medication.

(8)PERS means the public employees' retirement system.

(((8)))(9)Primary responsibility means the fundamental, crucial job duty performed in a position. It does not include marginal responsibilities, which are extra or incidental to the primary responsibility. The primary responsibility of a position may be considered the primary responsibility because:

(a) The position exists to perform that function; or

(b) There are a limited number of employees available who could perform that function; or

(((9)))(10)PSERS means the public safety employees' retirement system.

(((10)))(11)Reportable compensation means compensation earnable as that term is defined in RCW 41.37.010(6).

(((11)))(12)SERS means the school employees' retirement system.

(((12)))(13)TRS means the teachers' retirement system.

(((13)))(14)WSPRS means the Washington state patrol retirement system.

AMENDATORY SECTION(Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)

WAC 415-106-100Am I eligible for PSERS membership?

((On or after July 1, 2006,))(1) You are eligible for PSERS membership ((according to the provisions in this section.

(1) Subject to the exceptions in subsection (2) of this section, you will be a PSERS member on the date you become employed in a full-time position for an employer as defined in WAC 415-106-010, provided one or more of the following applies:

(a) The position requires completion of a certified criminal justice training course and you are authorized by your employer to arrest, conduct criminal investigations, enforce the criminal laws of the state of Washington, and carry a firearm as part of the job.

(b) Your primary responsibility is to ensure the custody and security of incarcerated or probationary individuals.

(d) Your primary responsibility is to supervise members eligible under this section))if you meet the definition of member in RCW 41.37.010.

(2) You are exempt from PSERS membership if:

(a) One or more of the exemptions in RCW 41.37.020 apply to you;

(b) You are a retirement system retiree, estopped from membership under RCW 41.04.270;

(d) You were a PERS Plan 2 or 3 member ((on July 1, 2006, and are))and were not required to join PSERS membership according to WAC 415-106-110.

AMENDATORY SECTION(Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)

WAC 415-106-110If I am a member of PERS, may I change my membership to PSERS?

You may have the right to change your retirement system membership from PERS to PSERS according to the requirements in this section.

(1) You may change retirement system membership from PERS to PSERS if:

(a) You were a member of either PERS Plan 2 or Plan 3 ((prior to))before July 1, 2006; and

(b) On July 1, 2006, you meet the requirements for membership in ((WAC 415-106-100.

(2) If you meet the conditions in subsection (1) of this section and wish to change membership from PERS to PSERS, you must))RCW 41.37.010 (19)(a), (b), (c) or (f); and

(c) You submit a properly completed election form to your employer ((during the election period that begins on))between July 1, 2006, and ((ends on)) September 30, 2006.

(2) You may also change retirement system membership from PERS to PSERS if:

(a) You were a member of either PERS Plan 2 or Plan 3 before January 1, 2019; and

(b) On January 1, 2019, you met the requirements for membership in RCW 41.37.010 (19)(d), (e) or (f); and

(3) Your change in membership is prospective only.

(((a) You become a member of PSERS on the election date shown on your election form.

(b)))(4) You will become a dual member of PSERS and PERS. All service credit and compensation previously reported in PERS will remain in PERS. Your retirement benefits will be governed by the dual member "portability" provisions in chapters 41.54 RCW and 415-113 WAC.

(((4)))(5) If you meet the conditions in subsection (1) or (2) of this section and do not ((change membership to))elect PSERS ((on or before September 30, 2006, you may not))membership during the election window, you cannot become a member of PSERS while you continue employment with the same employer((.)); however, if you terminate your employment with ((the))that employer ((with whom you were employed on July 1, 2006, and))after the election window begins, and subsequently become employed in a PSERS eligible position ((with another employer after July 1, 2006)), you will be mandated into PSERS membership.