Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of this rule-making order is to amend rules to implement SHB 1264 (2007), which amends the retirement plans eligible to qualify for an indexed retirement allowance. Previously, members of the law enforcement officers' and fire fighters' retirement system (LEOFF) Plan 2 could not qualify for an indexed retirement allowance. With the passing of SHB 1264, members of LEOFF Plan 2 may qualify for an indexed retirement allowance.

     Citation of Existing Rules Affected by this Order: Amending WAC 415-113-059.

     Statutory Authority for Adoption: RCW 41.50.050(5).

      Adopted under notice filed as WSR 08-12-107 on June 4, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: July 14, 2008.

Sandra J. Matheson

Director

OTS-1699.1

AMENDATORY SECTION(Amending WSR 99-22-043, filed 10/29/99, effective 11/29/99)

WAC 415-113-059   Can 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 ((for the sole purpose of determining)) to determine your eligibility for a disability or service retirement allowance from your current system ((and)), 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 ((in all systems)) to qualify for ((additional)) any other benefit((s)) offered by a particular system. ((Those additional benefits include but are not limited to:)) 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 ((under both)) from other systems for purposes of qualifying for((:

     (i) A LEOFF Plan 2 indexed retirement allowance under RCW 41.26.530(2); or

     (ii))) a refund of one hundred fifty percent of the LEOFF Plan 2 member's accumulated contributions under RCW 41.26.540.

     (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).

[Statutory Authority: RCW 41.50.050. 99-22-043, § 415-113-059, filed 10/29/99, effective 11/29/99; 96-20-004, § 415-113-059, filed 9/19/96, effective 10/20/96; 95-03-001, § 415-113-059, filed 1/4/95, effective 2/4/95.]

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