Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-113 - Portability of public employment benefits › CALCULATING YOUR DUAL MEMBER BENEFIT › Section 415-113-082 - Could retroactive retirement cancel my membership in a subsequent system?

Current through Register Vol. 24-14, July 15, 2024
(1)
If
				you retire retroactively from a prior system, you could cancel your membership
				in a subsequent system.
If your membership in a subsequent system would
				have been prohibited under
				RCW
				41.04.270 but for your status as a dual
				member, and you retire retroactively from a prior system, the department will
				cancel your membership and refund your contributions in the subsequent system
				under RCW
				41.54.020(1). Your
				retroactive retirement from a prior system may cancel your membership in a
				subsequent system according to the following table:
How much service did you earn in your prior
								system?
Were you eligible to retire in the prior system
								before you became a member of your subsequent system?
Will retroactive retirement from your prior system
								cancel your membership in subsequent system?
15 years or more
No
No (See Example 13)
15 years or more
Yes
Yes, unless you retire from both the prior and
								subsequent system under
								RCW
								41.54.030(2). (See Example
								14)
Less than 15 years
No
No (See Example 15)
Less than 15 years
Yes
No (See Example 15)
See
RCW
				  41.54.020(1) and
				  RCW
				  41.04.270.
Example
14:
A nonmember participant in LEOFF Plan 2 who has
								accrued sixteen years of service in LEOFF Plan 2 became a member of PERS Plan 2
								at age fifty-four. Because she became a member participant of PERS Plan 2 at
								age fifty-four, prior to attaining retirement eligibility under LEOFF Plan 2
								(i.e., age fifty-five), she may later retire retroactively from LEOFF Plan 2,
								subject to LEOFF Plan 2 criteria, while continuing membership in PERS Plan
								2.
Example
15:
A nonmember participant in LEOFF Plan 2 with
								sixteen years of accrued service became a member of PERS Plan 2 at age
								fifty-five. If he attempts to retire from LEOFF Plan 2 while continuing
								membership in PERS Plan 2, the department will cancel his PERS Plan 2
								membership and refund his PERS contributions. However, if he retires from both
								systems, he is entitled to retain the benefits of his PERS Plan 2
								membership.
Example
16:
Assume either of the retirees in Examples 13 and 14
								above had accrued less than fifteen years of service in LEOFF Plan 2. In this
								case, RCW
								41.04.270 would not apply to prevent the
								retirees from establishing PERS Plan 2 membership. Either person could retire
								retroactively from the LEOFF Plan 2 without canceling membership and
								participation in PERS Plan 2.
(2)
Defined terms used.
Definitions for the following terms used in this section may be found in the
				sections listed.
(a) "Dual member" -
				RCW
				41.54.010(4), WAC
				415-113-041.
(b) "Member participant" - WAC
				415-113-030.
(c) "Nonmember participant" - WAC
				415-113-030.