WSR 04-24-014

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[ Filed November 22, 2004, 10:28 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-02-086.

     Title of Rule and Other Identifying Information: WAC 415-108-728 If I work concurrently in PERS position and TRS position, which system will I be in? and 415-112-155 If I work concurrently in a TRS position and PERS position, which system will I be in?

     Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on January 4, 2005, at 9:30 a.m.

     Date of Intended Adoption: No sooner than January 5, 2004 [2005].

     Submit Written Comments to: Leslie L. Saeger, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail leslies@drs.wa.gov, fax (360) 753-3166, by 5:00 p.m. on January 4, 2005.

     Assistance for Persons with Disabilities: Contact Leslie L. Saeger, Rules Coordinator, by December 23, 2004, TDD (360) 664-7291, TTY (360) 586-5450, phone (360) 664-7291.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment pertains to public employees' retirement system (PERS) members who work concurrently in some teachers' retirement system (TRS) positions. Such members may have their TRS service reported in PERS when certain criteria are met.

     Statutory Authority for Adoption: RCW 41.50.050(5).

     Statute Being Implemented: Chapters 41.32 and 41.40 RCW.

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

     Name of Proponent: Department of Retirement Systems, governmental.

     Name of Agency Personnel Responsible for Drafting: Leslie Saeger, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Dorothy Bailey, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no effect on businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

November 19, 2004

Leslie Saeger

Rules and Contacts Coordinator

OTS-7561.3


AMENDATORY SECTION(Amending WSR 02-18-046, filed 8/28/02, effective 9/30/02)

WAC 415-108-728   If I work concurrently in ((both)) a PERS position and TRS position ((during the same school year)), which system will I be in?   (1) If you work concurrently in ((both)) a PERS and TRS position ((during the same year)), your membership status and the nature of your positions will determine the system your employer will report you in. You will be reported in either PERS or TRS according to the following table:


Former TRS Plan 1 Members 1/

Type of

Employment 2/

 Type of Employer(s) System You Will Be Reported In
A substitute or less than full-time teaching position and a PERS-eligible position

 Same employer PERS - for both positions.
Separate TRS employers PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and elect to establish TRS membership under RCW 41.32.240.


If you elect to establish TRS membership, your employers will report you in TRS for both positions. Any previously reported service credit and compensation in PERS will be transferred to TRS.
A TRS employer and non-TRS employer PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and elect to establish TRS membership under RCW 41.32.240.


If you elect to establish TRS membership, you must elect either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions; or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.
A full-time teaching position and an eligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer You must elect to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions; or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

TRS Plan 1 Members

Type of

Employment 2/

 Type of Employer(s) System You Will Be Reported In
A full-time or less than full-time TRS position and an eligible PERS position

 Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer You must elect either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions; or

2.     Have your TRS service reported in TRS and not receive service credit for PERS position.
A full-time or less than full-time TRS position and an ineligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer TRS - for the TRS position only; your ineligible PERS position is not reportable.

TRS Plan 2 Members

Type of

Employment 2/

 Type of Employer(s) System You Will Be Reported In
An eligible TRS position and an ineligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for TRS position only; your ineligible PERS position is not reported.
A TRS employer and non-TRS employer TRS - for TRS position only; your ineligible PERS position is not reported.
An eligible TRS position and an eligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.3/
A TRS employer and non-TRS employer You must elect either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions; or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

PERS Members

Type of

Employment 2/

 Type of Employer(s)

System You Will Be Reported In
An eligible PERS position and an ineligible TRS or substitute position Same employer PERS - for both positions.
Separate TRS employers PERS - for the PERS position only((,)). Your TRS service will not be reported unless you ((qualify for and elect to establish membership in TRS at the end of the school year under WAC 415-112-125(1).


If you elect to establish TRS membership, your employers will report you in TRS for both positions)) have met the eligibility criteria for TRS membership and choose to either:


1. Have your TRS service reported in PERS for both positions4/; or

2. Establish TRS membership and have your service in both positions reported in TRS. Any previously reported service credit and compensation in PERS will be transferred to TRS.
A TRS employer and non-TRS employer PERS - for the PERS position only. You will not be reported for the TRS position unless you ((elect)) have met the eligibility criteria for TRS membership and choose to either:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions; or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

Neither TRS Nor PERS Member

Type of

Employment 2/

 Type of Employer(s) System You Will Be Reported In
An ineligible TRS and an ineligible PERS position Same employer TRS - for both positions if the positions combined, qualify as an eligible position.
Separate employers, TRS or non-TRS Neither position reported.
A substitute teaching position and an ineligible PERS position Same employer Neither position reported. However, if you qualify, you may elect to establish membership in TRS at the end of the school year for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.
Separate employers, TRS or non-TRS Neither position reported. However, if you qualify, you may elect to establish membership in TRS at the end of the school year for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.

1/ "Former TRS 1 member", as used here, means you terminate your membership by withdrawing your contributions.
2/ Means during the same school year.
3/ EXAMPLE: A TRS 2 member teaches in an eligible position and during the summer, she works for a state agency in an eligible position under PERS. Because the member has established membership in TRS 2 through employment as a teacher, her state agency employer must report her service and compensation from the PERS position to the Department in TRS 2.
EXAMPLE: A TRS 2 member is employed concurrently by School District A in an eligible TRS position and by School District B in an eligible PERS position. Because he is a TRS 2 member, School District B employer must report his service and compensation from the PERS position to the Department in TRS 2. If the member terminates his employment in the TRS position with School District A, School District B will report him in PERS for the PERS position.
4/ This provision applies retroactively to July 1, 1996.

     (2) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed.

     (a) "Eligible position" - RCW 41.40.010.

     (b) "Employer" - RCW 41.40.010 (PERS); RCW 41.32.010 (TRS).

     (c) "Ineligible position" - RCW 41.40.010.

     (d) "Member" - RCW 41.40.010.

     (e) "Membership" - RCW 41.40.023.

     (f) "Report" - WAC 415-108-010.

     (g) "Service" - RCW 41.40.010.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.40 RCW. 02-18-046, § 415-108-728, filed 8/28/02, effective 9/30/02. Statutory Authority: Chapters 41.32, 41.34, 41.35, 41.50 RCW. 01-01-059, § 415-108-728, filed 12/12/00, effective 1/12/01. Statutory Authority: RCW 41.50.050. 95-16-053, § 415-108-728, filed 7/25/95, effective 8/25/95.]

OTS-7651.1


AMENDATORY SECTION(Amending WSR 04-21-080, filed 10/20/04, effective 11/20/04)

WAC 415-112-155   If I work concurrently in a TRS position and PERS position, which system will I be in?   (1) If you work concurrently in a TRS and PERS position, your membership status and the nature of your positions will determine the system your employer will report you in. You will be reported in either TRS or PERS according to the following tables:

Former TRS Plan 1 Members 1/

Type of

Employment 2/

 Type of

Employer(s)

 System You Will Be Reported In
A substitute or less than full-time teaching position and a PERS-eligible position Same employer PERS - for both positions.
Separate TRS employers PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and choose to establish TRS membership under RCW 41.32.240.


If you choose to establish TRS membership, your employers will report you in TRS for both positions. Any previously reported service credit and compensation in PERS will be transferred to TRS.
A TRS employer and non-TRS employer PERS - for PERS position only. Your substitute part-time position is not reported unless you qualify for and choose to establish TRS membership under RCW 41.32.240.


If you choose to establish TRS membership, you must choose either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions;

     or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.
A full-time teaching position and an eligible PERS position Same employer
TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer You must choose to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions;    

     or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

TRS Plan 1 Members

Type of

Employment 2/

Type of

Employer(s)

 System You Will Be Reported In
A full-time or less than full-time TRS position and an eligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer You must choose either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions;    

     or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.
A full-time or less than full-time TRS position and an ineligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions.
A TRS employer and non-TRS employer TRS - for the TRS position only; your ineligible PERS position is not reportable.

TRS Plan 2 Members

Type of

Employment 2/

 Type of

Employer(s)
System You Will Be Reported In
An eligible TRS position and an ineligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for TRS position only; your ineligible PERS position is not reported.
A TRS employer and non-TRS employer TRS - for TRS position only; your ineligible PERS position is not reported.
An eligible TRS position and an eligible PERS position Same employer TRS - for both positions.
Separate TRS employers TRS - for both positions. 3/
A TRS employer and non-TRS employer You must choose either to:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions;         

     or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

PERS Members

Type of

Employment 2/

 Type of

Employer(s)
System You Will Be Reported In
An eligible PERS position and an ineligible TRS or substitute position Same employer PERS - for both positions.
Separate TRS employers PERS - for the PERS position only((, unless you qualify for and elect to establish membership in TRS under WAC 415-112-125(1))). Your TRS service will not be reported unless you have met the eligibility criteria for TRS membership and choose to either:


1.     Have your TRS service reported in PERS for both positions4/; or


2.     Establish TRS membership and have your service in both positions reported in TRS. Any previously reported service credit and compensation in PERS will be transferred to TRS.
A TRS employer and non-TRS employer PERS - for the PERS position only. You will not be reported for the TRS position unless you have met the eligibility criteria for TRS membership and choose to either:


1.     Have your TRS service reported in PERS and receive service credit in PERS for both positions:               or

2.     Have your TRS service reported in TRS and not receive service credit for the PERS position.

Neither TRS Nor PERS Member

Type of

Employment 2/

 Type of

Employer(s)

 System You Will Be Reported In
An ineligible TRS and an ineligible PERS position Same employer TRS - for both positions if the positions combined, qualify as an eligible position.
Separate employers, TRS or non-TRS
 Neither position reported.
A substitute teaching position and an ineligible PERS position Same employer Neither position reported. However, if you qualify, you may choose to establish membership in TRS for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.
Separate employers, TRS or non-TRS Neither position reported. However, if you qualify, you may choose to establish membership in TRS for your substitute teaching position under RCW 41.32.013 and WAC 415-112-140.

1/ "Former TRS 1 member", as used here, means you terminate your membership by withdrawing your contributions.

2/ Means during the same time period.

3/ EXAMPLE: A TRS Plan 2 member teaches in an eligible position and during the summer, she works for a state agency in an eligible position under PERS. Because the member has established membership in TRS Plan 2 through employment as a teacher, her state agency employer must report her service and compensation from the PERS position to the Department in TRS Plan 2.

EXAMPLE: A TRS Plan 2 member is employed concurrently by School District A in an eligible TRS position and by School District B in an eligible PERS position. Because he is a TRS Plan 2 member, School District B employer must report his service and compensation from the PERS position to the Department in TRS Plan 2. If the member terminates his employment in the TRS position with School District A, School District B will report him in PERS for the PERS position.

4/This provision applies retroactively to July 1, 1996.


     (2) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed.

     (a) "Eligible position" - RCW 41.32.010 (TRS); RCW 41.40.010 (PERS).

     (b) "Employer" - RCW 41.40.010 (PERS); RCW 41.32.010 (TRS).

     (c) "Full time" - RCW 41.32.240.

     (d) "Ineligible position" - WAC 415-112-015 (TRS); RCW 41.40.010 (PERS).

     (e) "Member" - RCW 41.40.010.

     (f) "Membership" - RCW 41.40.023.

     (g) "Report" - WAC 415-108-0104.

     (h) "Service" - RCW 41.40.010.

[Statutory Authority: RCW 41.50.050(5). 04-21-080, § 415-112-155, filed 10/20/04, effective 11/20/04. Statutory Authority: RCW 41.50.050(5) and chapter 41.32 RCW. 02-18-046, § 415-112-155, filed 8/28/02, effective 9/30/02. Statutory Authority: Chapters 41.32, 41.34, 41.35, 41.50 RCW. 01-01-059, § 415-112-155, filed 12/12/00, effective 1/12/01. Statutory Authority: RCW 41.50.050. 00-10-015, § 415-112-155, filed 4/21/00, effective 5/22/00; 95-16-053, § 415-112-155, filed 7/25/95, effective 8/25/95.]

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