415-106-330  <<  415-106-400 >>   415-106-401

WAC 415-106-400

If I establish PSERS membership and now hold a state elective position, may I continue to accrue service credit in PSERS?

If you are an active PSERS member and are elected or appointed by the governor to a state elective position, you have the option to continue as a contributing member of PSERS, as limited by the requirements in this section.
(1) You must submit a written application directly to the department.
(2) If you submit your application before your service in a state elective position starts:
(a) Your employee contributions will be deducted from your compensation for your elective service.
(b) Except as provided in WAC 415-106-285, your employer(s) will pay the required employer contributions.
(3) If you submit your application mid-term (after your service in a state elective position has started):
(a) You and your employer will begin making contributions according to subsection (2) of this section.
(b) You must establish service credit for the prior portion of your current term by paying the employee contributions plus interest. Your employer must pay the required employer contributions plus interest.
(4) If you submit your application after your service in a state elective position has been completed, you must pay the required employee and employer contributions for the service credit with interest as determined by the department. Your former employer, at its discretion, may pay the required employer contributions plus interest.
(5) If you work in a PSERS eligible position at the same time you accrue service credit in a state elective position:
(a) Employee contributions will be deducted from your compensation for your service in the PSERS position and in the state elective position; and
(b) Both employers will make employer contributions.
(6) You will earn one service credit month for each calendar month during which you provide service in a state elective position. If you provide concurrent service in a PSERS eligible position, you will not receive additional service credit for that service.
(7) Once you start to accrue service credit in PSERS for a state elective position you must remain an active PSERS member until:
(a) You separate from all eligible public employment. You are not separated from eligible public employment if:
(i) You are reelected or reappointed to a successive term or terms of office; or
(ii) You resign from your state elective position and later resume service in the same state elective position during the same term.
(b) You retire from PSERS, whether or not you continue to serve in your elective position. See WAC 415-106-405.
(8) A state elective position is any position held by any person:
(a) Elected or appointed to a statewide office; or
(b) Elected or appointed as a member of the legislature.
[Statutory Authority: RCW 41.50.050(5) and 41.37.020(2). WSR 08-02-046, ยง 415-106-400, filed 12/27/07, effective 1/27/08.]
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