Subject of Possible Rule Making: Rules that are affected by the 2005 amendments to RCW 41.26.500.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.50.050(5) and 41.26.500.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 41.26.500, amended in the 2005 legislative session, gives LEOFF Plan 2 retirees who become employed in eligible PERS, TRS, SERS and PSERS positions two options:

     1. To join membership in that retirement system and have their LEOFF 2 retirement allowance suspended; or

     2. To not join membership and continue to receive their LEOFF 2 retirement allowance.

     The department will amend rules that are affected by this amendment.

     Process for Developing New Rule: The department of retirement systems (DRS) will develop the draft rule(s) with the assistance of the attorney general's office. The public is invited and encouraged to participate, as described below.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. DRS encourages your active participation in the rule-making process. After the rule(s) is drafted, DRS will file a copy with the office of the code reviser with a notice of proposed rule making. The notice will include the time and date of a public rules hearing. DRS will send a copy of the notice and the proposed rule(s) to everyone currently on the mailing list and anyone else who requests a copy. To request a copy or for more information on how to participate, please contact Leslie Saeger, Rules and Contracts Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, voice (360) 664-7291, TTY (360) 586-5450, fax (360) 753-3166, e-mail leslies@drs.wa.gov.

January 18, 2006

Leslie Saeger

Rules Coordinator