Original Notice.

Preproposal statement of inquiry was filed as WSR 99-09-017.

Title of Rule: Retirement rule revisions, WAC 131-16-021.

Purpose: Clarifies eligibility (further) for participation in the plan and places responsibility with the employer (community or technical college or the state board) to notify eligible employees in writing of their potential right to participate in the retirement plan.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: WAC 131-16-021.

Summary: See Purpose above.

Reasons Supporting Proposal: Additional language added at the request of faculty union representatives.

Name of Agency Personnel Responsible for Drafting and Implementation: John Boesenberg, State Board for Community and Technical Colleges, 319 7th Avenue, Olympia, WA, (360) 753-3661; and Enforcement: Howard Fischer, Senior Assistant Attorney General, Education Division, (360) 586-2789.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: The community and technical college or state board employer shall notify, in writing, all newly hired employees of their potential right to participate in the retirement plan.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Lower Columbia College, 1600 Maple, Longview, WA, on October 20, 1999, at 10 a.m.

Assistance for Persons with Disabilities: Contact C. Krueger by October 10, 1999, (360) 586-6440.

Submit Written Comments to: C. Krueger or J. Boesenberg, P.O. Box 42495, Olympia, WA 98504-2495, fax (360) 586-6440, by October 15, 1999.

Date of Intended Adoption: October 20, 1999.

August 31, 1999

Claire C. Krueger

Executive Assistant and

Agency Rules Coordinator

OTS-3076.6

AMENDATORY SECTION(Amending WSR 98-14-033, filed 6/23/98, effective 7/24/98)

WAC 131-16-021
Employees eligible to participate in retirement annuity purchase plan.

(1) Eligibility to participate in the TIAA/CREF plan is limited to persons who hold appointments to college district or state board staff positions as full-time or part-time faculty members or administrators exempt from the provisions of chapter 28B.16 RCW and ((who)), effective July 1, 1999, are assigned a cumulative total of at least ((eighty)) fifty percent of full-time workload as defined by the collective bargaining agreement and/or the appointing authority at one or more college districts or the state board for at least two consecutive college quarters ((or whose employment meets the requirements for an "eligible position" as defined by the Washington state teachers retirement system)). (Part-time faculty workload is calculated in accordance with RCW 28B.50.489 and 28B.50.4891.)

(2) Participation in the plan is also permitted for current and former employees of college districts or the state board who are on leave of absence or who have terminated employment by reason of permanent disability and who are receiving a salary continuation insurance benefit through a plan made available by the state of Washington: Provided, That such noncontributory participation shall not be creditable toward the number of years of full-time service utilized in calculating eligibility for supplemental retirement benefits pursuant to WAC 131-16-061.

(3) Optional participation in tax-deferred annuities other than this qualified plan as offered by individual colleges is permitted consistent with the Internal Revenue Code: Provided, That the provisions of WAC 131-16-015, 131-16-050, and 131-16-061 shall not apply in such cases.  Optional tax-deferred annuities are provided through a salary reduction agreement between the employee and employer.  There is no employer contribution for optional tax-deferred annuities.

(4) An employee who moves from an ineligible to an eligible position for the same appointing authority may become a participant by so electing in writing within six months following such move.

(5) A participant who moves from an eligible position to an ineligible position for the same appointing authority may continue to be a participant by so electing within six months following such move.

(6) Participants shall continue participation regardless of the proportion of full-time duties assigned, except as otherwise provided in this section, as long as continuously employed ((by the same appointing authority.  For the purpose of this section, spring and fall quarters shall be considered as consecutive periods of employment)) within the community and technical college system. The community and technical college or state board employer shall notify, in writing, all newly hired employees of their potential right to participate. A participating employee, who changes employers without a break in service, shall have the responsibility to notify in writing the new college or state board employer of his or her eligibility. In no case will there be a requirement for retroactive contributions if an employee fails to inform his or her college or state board employer about eligibility previously established with another community and technical college system employer. For the purposes of this section, spring and fall quarters shall be considered as consecutive periods of employment.

(7) As a condition of employment, all employees who become eligible on and after January 1, 1997, shall participate in this plan upon initial eligibility.  Notwithstanding this provision, all eligible new employees who at the time of employment are members of the Washington state teachers retirement system or the Washington public employees retirement system may participate as provided in WAC 131-16-031(1).

[Statutory Authority: RCW 28B.10.400 and chapter 28B.50 RCW.  98-14-033, § 131-16-021, filed 6/23/98, effective 7/24/98.  Statutory Authority: Chapter 28B.50 RCW.  97-10-069, § 131-16-021, filed 5/5/97, effective 7/8/97.  Statutory Authority: RCW 28B.10.400.  91-13-048 (Resolution No. 91-20, Order 129), § 131-16-021, filed 6/14/91, effective 7/15/91.]

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