WSR 22-02-077

PROPOSED RULES

DEPARTMENT OF

RETIREMENT SYSTEMS

[Filed January 5, 2022, 11:55 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 21-23-057.

Title of Rule and Other Identifying Information: Amending WAC 415-104-500 LEOFF Plan 1 minimum medical and health standards. Repealing WAC 415-104-510 through 415-104-755.

Hearing Location(s): On February 8, 2022, at 10:00 a.m. The hearing will be conducted by Zoom. See https://www.drs.wa.gov/sitemap/rules/#proposed-rule-hearings for details. Zoom Meeting ID 847 3557 9121, Link https://us02web.zoom.us/j/84735579121, Dial-in 253 215 8782 US (Tacoma).

Date of Intended Adoption: February 9, 2022.

Submit Written Comments to: Bailee Roby, Department of Retirement Systems (DRS), P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, by February 7, 2022.

Assistance for Persons with Disabilities: Contact Bailee Roby, phone 360-664-7235, TTY 711, email drs.Rules@drs.wa.gov, by February 1, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The minimum medical and health standards previously codified in WAC 415-104-510 through 415-104-755 are not currently necessary for administration of the plans and are being repealed.

Reasons Supporting Proposal: The minimum medical and health standards were applicable only for establishing law enforcement officers' and firefighters' (LEOFF) membership between August 1, 1971, and June 30, 1979. The standards are no longer necessary for administration of the plans.

Statutory Authority for Adoption: RCW 41.50.050.

Statute Being Implemented: Chapter 41.26 RCW.

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

Name of Proponent: DRS, governmental.

Name of Agency Personnel Responsible for Implementation: Candice Myrum, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7288.

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. RCW 34.05.328 (5)(a)(i) does not apply to this proposed rule and is not voluntarily made applicable by the agency.

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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: DRS' rules only impact members and beneficiaries of the state retirement systems and participating public employers, and do not affect small businesses.

January 5, 2022

Jilene Siegel

Rules Coordinator

OTS-3480.2

OTS-3477.1

The following sections of the Washington Administrative Code are repealed: