[Filed October 30, 2020, 8:15 a.m., effective October 30, 2020, 8:15 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To comply with state and federal laws related to the shared work program and the Governor's Directive 20-15 concerning schools that have shifted to remote learning due to the COVID-19 pandemic.

Citation of Rules Affected by this Order: New WAC 415-02-170 Will a furlough or temporary layoff from my public employment affect my retirement benefit?

Statutory Authority for Adoption: RCW 41.50.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: In accordance with Governor Inslee's Directive 20-15 regarding maintaining continuity in K-12 employment, the department of retirement systems must engage in emergency rule making to comply with requirements of the directive with respect to the shared work compensation plan program and RCW 50.60.030.

This rule is necessary to comply with the directive, state and federal laws related to the shared work program and schools' ability to qualify for participation in this federal program. This rule is necessary for the general welfare of the state and for the receipt of federal funds.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 30, 2020.

WAC 415-02-170Will a furlough or temporary layoff from my public employment affect my retirement benefit?

If you work for an eligible employer as described in subsections (1) through (5) of this section, and your employer participates in the shared work program during the period of time you were furloughed or temporarily laid off, you will receive the same retirement benefit as if your hours had not been reduced. Participation in the shared work program under chapter 50.60 RCW will not impact, in any manner, the retirement benefits of any member employed by an eligible employer in a plan administered by the department of retirement systems. This does not apply to members whose employer does not participate in the shared work program.

An eligible employer for the purpose of this section includes:

(1) All school districts including charter schools;

(2) Educational service districts;

(3) Tribal schools that have chosen to participate in the retirement system and have satisfied the requirements of RCW 28A.715.010(7);

(4) Washington state school for the blind;

(5) Washington state school for the deaf.