[Filed February 17, 2026, 4:14 p.m.]

Preproposal statement of inquiry was filed as WSR 26-01-090.

Title of Rule and Other Identifying Information: Calculating dual member benefits.

Hearing Location(s): On March 30, 2026, at 2:00 p.m., via Microsoft Teams at https://www.drs.wa.gov/sitemap/rules/#proposed-rule-hearings, Meeting ID 296 647 727 886 22, Passcode 4oZ299Mo; or phone 833-322-1218, Code 735 886 852#.

Date of Intended Adoption: April 6, 2026.

Submit Written Comments to: Bianca Stoner, Department of Retirement Systems (DRS), P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, beginning March 2, 2026, 8:00 a.m., by March 27, 2026, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Bianca Stoner, phone 360-664-7291, TTY 711, email drs.rules@drs.wa.gov, by March 25, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DRS is developing a rule to clarify how dual member benefits are calculated when one retirement system permits the use of out-of-state service or accrued sick leave to qualify for benefits, while the other does not.

Statutory Authority for Adoption: RCW 41.50.050.

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

Name of Proponent: DRS, governmental.

Name of Agency Personnel Responsible for Implementation: Seth Miller, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7304; and Enforcement: Candice Myrum, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7124.

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 DRS is not voluntarily making it applicable.

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(4).

Explanation of exemptions: Rules from DRS only affect members and beneficiaries of the state retirement systems and participating public employers. As a result, the rules do not affect small businesses.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 08-15-065, filed 7/14/08, effective 8/14/08)

WAC 415-113-059Can 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 to determine your eligibility for a disability or service retirement allowance from your current system, 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 to qualify for any other benefit offered by a particular system. 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 from other systems for purposes of qualifying for a refund of ((one hundred fifty))150 percent of the LEOFF Plan 2 member's accumulated contributions under RCW 41.26.540.

(c) TRS out of state service credit – using no-cost out-of-state service. You may not combine no-cost out-of-state service to qualify for a reduced reduction factor, such as the 2008 early retirement factor, in any system that is not eligible to use out-of-state service credit.

(d) If you are retiring from TRS or SERS where it is allowed to include up to 45 days of sick leave for up to two service credits per RCW 28A.400.300 (1)(b)(vii) to qualify for a reduced reduction, such as the 2008 early retirement factor, you may not use that in any system that is not eligible to use 45 days of sick leave.

Example 1: Pat is a dual member in TRS and PSERS with 328 service credit months in TRS and 30 service credit months in PSERS. Pat would like to use 45 days of sick leave in TRS for two service credit months to reduce the benefit reduction. Pat will qualify for the reduced reduction in the TRS calculation but will not qualify for the reduced reduction in the PSERS calculation because PSERS is not eligible to use 45 days of sick leave for up to two service credits.

Example 2: Pat is a dual member in TRS and SERS with 328 service credit months in TRS and 30 service credit months in SERS. Pat would like to use 45 days of sick leave in TRS for two service credit months to reduce the benefit reduction. Pat will qualify for the reduced reduction in the TRS calculation and the SERS calculation because SERS is eligible to use 45 days of sick leave for up to two service credits.

(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).