Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-046.

     Title of Rule and Other Identifying Information: WAC 415-104-111 How is my LEOFF Plan 2 retirement allowance affected if I return to work after retirement?

     Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on January 10, 2006, at 1:30 p.m.

     Date of Intended Adoption: January 11, 2006.

     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 10, 2006.

     Assistance for Persons with Disabilities: Contact Leslie Saeger, Rules Coordinator, by December 30, 2005, 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 incorporates the provisions of HB 1270. HB 1270 gives law enforcement officers' and fire fighters' retirement system (LEOFF) Plan 2 retirees who return to work in eligible PERS, SERS or TRS positions the option of continuing to receive their LEOFF retirement allowance or joining the other retirement system.

     Statutory Authority for Adoption: RCW 41.50.050(5), 41.26.500.

     Statute Being Implemented: RCW 41.26.500.

     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: Dave Nelsen, 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 29, 2005

Leslie Saeger

Rules Coordinator

OTS-8493.1

AMENDATORY SECTION(Amending WSR 05-12-043, filed 5/25/05, effective 6/25/05)

WAC 415-104-111   ((How does the department calculate the retirement allowance of a LEOFF Plan 2 member who retires, reenters employment, and then either retires or separates employment again?)) How is my LEOFF Plan 2 retirement allowance affected if I return to work after retirement?   ((This rules establishes a method to actuarially recompute your retirement allowance if you are a Plan 2 member who retires, reenters employment causing your retirement allowance to be suspended, and then either retires or separates employment again.)) This rule applies to you if you are a LEOFF 2 retiree who returns to work in an eligible LEOFF, public employees' retirement system (PERS), school employees' retirement system (SERS), or teachers' retirement system (TRS) position.

     (1) If you return to employment in a LEOFF eligible position, you must reenter membership and your retirement allowance will stop. When you separate from service, the department will calculate your retirement allowance according to this subsection.

     (a) If you previously retired before age fifty-three, the department will:

     (i) Calculate your retirement allowance pursuant to RCW 41.26.420 using:

     (A) Your total years of career service, including service earned prior to your initial retirement and service earned after reentering membership; and

     (B) Any increase in your final average salary resulting from your reentry into membership; and

     (ii) Actuarially reduce your retirement allowance:

     (A) Based on the present value of the retirement allowance payments you received during your initial retirement;

     (B) To reflect the difference in the number of years between your current age and the attainment of age fifty-three, if ((applicable)) you are not yet fifty-three; and

     (C) To offset the cost of your benefit option if it includes a survivor feature. See WAC 415-104-215.

     (b) If you previously retired at or after age fifty-three, the department will ((recompute)):

     (i) Calculate your retirement allowance pursuant to RCW 41.26.420 ((and include any additional service credit you earned)) using:

     (A) Your total years of career service, including service earned prior to your initial retirement and service earned after reentering membership; and

     (B) Any increase in your final average salary resulting from your reentry into membership((. The department will)); and

     (ii) Actuarially reduce your retirement allowance to offset the cost of your benefit option if it includes a survivor feature. See WAC 415-104-215.

     (c) Under no circumstances will you receive a retirement allowance creditable to a month during which you earned service credit.

     (2) If you enter employment in a PERS, TRS or SERS eligible position, ((whether or not you enter PERS, TRS or SERS membership, your LEOFF retirement allowance will be suspended under RCW 41.26.500. Upon separation from such employment, your suspended retirement allowance will be reinstated. In addition, you may choose to have the total monthly retirement payments you would have received had you not reentered employment, plus interest, either:

     (a) In a lump sum; or

     (b) Actuarially computed in your)) you have two options:

     (a) You may choose not to become a member of the PERS, TRS or SERS retirement system and continue to receive your monthly LEOFF Plan 2 retirement allowance; or

     (b) You may choose to become a member of the PERS, TRS or SERS retirement system. Your LEOFF retirement allowance will be suspended while you earn service credit and make contributions toward another retirement benefit. When you leave the PERS, SERS or TRS eligible position, you will resume receiving your LEOFF retirement allowance, along with retroactive payments for the time you were employed. You may choose to have your retroactive payments in a lump sum or actuarially computed into your LEOFF Plan 2 retirement allowance.

[Statutory Authority: RCW 41.50.050(5), 41.26.500. 05-12-043, § 415-104-111, filed 5/25/05, effective 6/25/05. Statutory Authority: RCW 41.50.050(5), 41.26.470, 2001 c 261. 02-14-072, § 415-104-111, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 41.50.050. 94-09-040, § 415-104-111, filed 4/19/94, effective 5/20/94.]