WSR 08-12-107




[ Filed June 4, 2008, 10:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-08-040.

Title of Rule and Other Identifying Information: WAC 415-113-059 Can I combine service from different systems to qualify for increased benefits?

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on July 9, 2008, at 1:00 p.m.

Date of Intended Adoption: July 10, 2008.

Submit Written Comments to: Sarah Monaly, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail, fax (360) 753-3166, by 5:00 p.m. on July 9, 2008.

Assistance for Persons with Disabilities: Contact Sarah Monaly, rules coordinator, by July 2, 2008, 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: The purpose of this proposal is to implement SHB 1264 (2007), which amends the retirement plans eligible to qualify for an indexed retirement allowance. Previously, members of the law enforcement officers' and fire fighters' retirement system (LEOFF) Plan 2 could not qualify for an indexed retirement allowance. Now, with the passing of SHB 1264, members of LEOFF Plan 2 may qualify for an indexed retirement allowance.

Reasons Supporting Proposal: SHB 1264 took effect on July 22, 2007. The department needs to update its rules to assist plan members, retirees, employers, and department staff.

Statutory Authority for Adoption: RCW 41.50.050(5).

Statute Being Implemented: RCW 41.54.030.

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: Sarah Monaly, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Michelle Hardesty, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7193.

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.

June 4, 2008

Sarah Monaly

Rules Coordinator


AMENDATORY SECTION(Amending WSR 99-22-043, filed 10/29/99, effective 11/29/99)

WAC 415-113-059   Can I combine service from different systems to qualify for increased benefits?   (1) You may combine service to determine retirement eligibility. You may combine your service in all systems ((for the sole purpose of determining)) to determine your eligibility for a disability or service retirement allowance from your current system ((and)), a service retirement allowance from your prior system, or an indexed retirement allowance from LEOFF Plan 2, PERS Plan 3, SERS Plan 3, or TRS Plan 3.

(2) You may not combine service for any other purpose. You may not combine your service ((in all systems)) to qualify for ((additional)) any other benefit((s)) offered by a particular system. ((Those additional benefits include but are not limited to:)) For example:

(a) PERS Plan 1 military service. You may not combine service from other systems to qualify for military service credit in PERS Plan 1 under RCW 41.40.170.

(b) LEOFF Plan 2 post-separation benefits. You may not combine your accrued service ((under both)) from other systems for purposes of qualifying for((:

(i) A LEOFF Plan 2 indexed retirement allowance under RCW 41.26.530(2); or

(ii))) a refund of one hundred fifty percent of the LEOFF Plan 2 member's accumulated contributions under RCW 41.26.540.

(3) Defined terms used. Definitions for the following terms used in this section may be found in the sections listed: "System" - RCW 41.54.010(6).

[Statutory Authority: RCW 41.50.050. 99-22-043, 415-113-059, filed 10/29/99, effective 11/29/99; 96-20-004, 415-113-059, filed 9/19/96, effective 10/20/96; 95-03-001, 415-113-059, filed 1/4/95, effective 2/4/95.]

Washington State Code Reviser's Office