WSR 26-09-133
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed April 21, 2026, 4:22 p.m., effective May 22, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Streamlining the process that the department of retirement systems (DRS) uses to manage requests for employer information used to obtain information from employers for DRS to calculate member benefits.
Citation of Rules Affected by this Order: New WAC 415-117-060.
Statutory Authority for Adoption: RCW 41.50.050.
Adopted under notice filed as WSR 26-06-061 on February 25, 2026.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 21, 2026.
Kathryn Leathers
Director
RDS-6848.3
NEW SECTION
WAC 415-117-060Employer responses to information requests.
(1) What is an information request? Outside of the monthly earnings and hours reporting that employers submit, DRS commonly requests specific information from employers when performing account actions to obtain new information or to clarify our understanding of existing reporting. Examples include confirmation that an employee was on an authorized leave of absence or that an unusual change in hours or compensation reported is correct.
(2) How soon must an employer respond to an information request? Employer responses to information requests must be submitted within 90 calendar days.
(a) The department will evaluate the response and determine if it provides sufficient information.
(i) The department's determination as to the sufficiency of an employer's response is based solely on whether the information provided by the employer allows the department to accurately process any account actions relevant to the request in compliance with applicable laws.
(ii) If the response is determined to be sufficient, the department will close the request.
(iii) If the response is determined to be insufficient, the department may reject the response and return the request to the employer for clarification or additional information.
(b) An employer may request clarification on what information is required by either leaving a comment in the electronic request system or by contacting the department's employer support team.
(3) What happens if an employer does not respond or does not submit a sufficient response? If a sufficient response is not received, the department may choose to proceed with the account action based on the department's interpretation of data previously reported.
(a) If the department chooses to proceed without receiving a sufficient response from the employer, the department will notify the employer that:
(i) The request will be closed if no sufficient response is received within the next 30 calendar days; and
(ii) Unless they submit a sufficient response, the employer may incur financial responsibility under (d)(ii) of this subsection.
(b) If no sufficient response is received within the next 30 days, the department will close the request and notify the employer that the department will proceed with the account action.
(c) An employer's failure to sufficiently respond to the department's request could constitute "an employer error" as provided for in RCW 41.50.140(2) or erroneous employer reporting under RCW 41.50.139.
(d) If an overpayment to the retiree resulting from that account action is later discovered, the department:
(i) Will correct the amount of any prospective payments to the retiree; and
(ii) May invoice the employer for any overpayments.
(e) An employer may respond to a closed request, which would resolve the employer error. Only responses that provide sufficient information to correctly process the relevant account action(s) will resolve the employer error. The department may invoice the employer for any overpayments made before the employer submitted a sufficient response.