reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › ACTUARIAL FACTORS AND SCHEDULES › Section 415-02-345 - TRS Plan 1 Option 1 benefit factors

Current through Register Vol. 24-14, July 15, 2024
(1)
What is a TRS Plan 1 Option 1
				benefit factor?
At the time of retirement, a TRS Plan 1 member may
				choose to receive an Option 1, standard benefit, which is a slightly reduced
				lifetime monthly benefit. This option allows the final unpaid monthly benefit
				and any remaining balance of contributions to be paid in a lump sum to the
				retiree's estate or named beneficiary at the time of the retiree's death. The
				reduction to the monthly benefit is based on an Option 1 factor and is applied
				against the annuity portion of the monthly benefit. The factor that is used is
				determined by the age of the member at the time of retirement. For more
				information about the Option 1, standard benefit, see
				RCW
				41.32.530(1)(a).
(2)
Table -
The following Option
				1 benefit factors are effective September 1, 2010.
Age
Factor
Reduction
Age
Factor
Reduction
20
99.3233%
0.7%
50
98.5277%
1.5%
21
99.1906%
0.8%
51
98.8267%
1.2%
22
99.0506%
0.9%
52
99.2279%
0.8%
23
98.9113%
1.1%
53
99.1329%
0.9%
24
98.7803%
1.2%
54
99.0247%
1.0%
25
98.6679%
1.3%
55
98.9011%
1.1%
26
98.5907%
1.4%
56
98.7584%
1.2%
27
98.5248%
1.5%
57
98.5936%
1.4%
28
98.4698%
1.5%
58
98.4070%
1.6%
29
98.4281%
1.6%
59
98.1990%
1.8%
30
98.4011%
1.6%
60
97.9599%
2.0%
31
98.3898%
1.6%
61
98.0472%
2.0%
32
98.3880%
1.6%
62
97.7597%
2.2%
33
98.3919%
1.6%
63
97.4355%
2.6%
34
98.3889%
1.6%
64
97.0756%
2.9%
35
98.3802%
1.6%
65
96.6774%
3.3%
36
98.3656%
1.6%
66
96.2422%
3.8%
37
98.3360%
1.7%
67
96.1337%
3.9%
38
98.2896%
1.7%
68
96.0251%
4.0%
39
98.2246%
1.8%
69
95.5281%
4.5%
40
98.1380%
1.9%
70
94.9709%
5.0%
41
98.0401%
2.0%
71
94.3415%
5.7%
42
97.9596%
2.0%
72
94.2358%
5.8%
43
97.8978%
2.1%
73
94.1300%
5.9%
44
97.8557%
2.1%
74
93.3902%
6.6%
45
97.8346%
2.2%
75
92.5634%
7.4%
46
97.8359%
2.2%
76
92.5038%
7.5%
47
97.8815%
2.1%
77
92.4441%
7.6%
48
97.9786%
2.0%
78
91.4887%
8.5%
49
98.3106%
1.7%
79
90.4121%
9.6%
80
90.4374%
9.6%
Statutory Authority:
					 RCW
					 41.50.050(5). WSR 10-16-086,
					 §
											415-02-345, filed 7/30/10,
					 effective 9/1/10; WSR 03-24-051, §
											415-02-345, filed 11/26/03,
					 effective 1/1/04.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › ACTUARIAL FACTORS AND SCHEDULES › Section 415-02-360 - What is the optional cost-of-living adjustment (COLA) for PERS Plan 1 and TRS Plan 1?

Current through Register Vol. 24-14, July 15, 2024
(1) PERS Plan 1 and
				TRS Plan 1 members can choose to receive an initially reduced retirement
				benefit in order to receive an annual cost-of-living adjustment in the future.
				With this optional COLA, the member's monthly retirement benefit is actuarially
				reduced at the time of retirement. Thereafter, the monthly benefit of the
				member (and subsequently their beneficiary) is adjusted annually, based on
				changes in the consumer price index (CPI) for the Seattle-Tacoma-Bremerton,
				Washington area, up to the statutory maximum. For more information,
				see:
PERS Plan 1:
				  RCW
				  41.40.188(1)(c); WAC
				  415-108-326
TRS Plan 1:
				  RCW
				  41.32.530(1)(d); WAC
				  415-112-504
(2)
Examples
(a) Ernie is a member of TRS Plan 1. He
				retires at age 55 with 30 years of service and chooses the Single Life Option
				(no survivor beneficiary). His average final compensation (AFC) is $4,295.33
				per month.
(i) If he
does not
choose the optional COLA, his monthly benefit will be $2,577.20 (2% x 30 x
				$4,295.33).
(ii) If he
does
choose the optional COLA, his initial monthly benefit will be
				reduced to $1,909.19, based on the factor in the table in subsection (3) of
				this section (.7396 x $2,577.20). This monthly amount may increase each year
				with changes in the CPI.
Regardless whether or not Ernie chooses the optional COLA, he
				  will begin to receive the uniform COLA at age 66, consistent with all statutory
				  requirements.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › ACTUARIAL FACTORS AND SCHEDULES › Section 415-02-370 - Factors for establishing or restoring service credit

Current through Register Vol. 24-14, July 15, 2024
RCW 41.50.165(2)
				  and chapter 415-10 WAC allow you to establish or restore service credit by
				  paying the actuarial value of the resulting increase in your monthly retirement
				  allowance. This section describes what the factors take into consideration when
				  the department uses actuarial factors to calculate the lump sum costs. See also
				  chapter 415-10 WAC.
What are the factors and how are they used in
				  calculating the lump sum costs of establishing or restoring service
				  credit?
For each system and plan there is a two-dimensional "age and
				  service" table of actuarial factors which are used to calculate the cost of
				  establishing or restoring service credit.
The department will calculate the actuarial value of the
				  service credit you purchase using the following formula:
Total Cost = Part 1 Cost + Part 2 Cost
Part 1: Annual Average Salary x Service Credit Years to
				  Purchase x Factor 1
Part 2: Annual Average Salary x Current Service Credit Years
				  x (Factor 1 Factor 2)
Factor 1 takes into consideration your current age and
				  service credit, including the service credit you are purchasing.
Factor 2 takes into consideration your current age and
				  service credit, excluding the service credit you are
				  purchasing.
Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.50.165. WSR 06-18-009, §
											415-02-370, filed 8/24/06,
					 effective 9/24/06; WSR 03-15-006, §
											415-02-370, filed 7/3/03,
					 effective 8/3/03.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › ACTUARIAL FACTORS AND SCHEDULES › Section 415-02-385 - Judicial benefit multiplier actuarial factors

Current through Register Vol. 24-14, July 15, 2024
If you are a justice of the Washington supreme court or a
				  judge in the court of appeals, superior court, district court, or municipal
				  court and are an eligible member of the public employees' retirement system
				  Plans 1, 2, or 3, you may purchase an increase on the benefit multiplier on
				  past judicial service credit earned before becoming a judicial benefit
				  multiplier (JBM) program member. The cost formula for purchasing the increase
				  is equal to five percent of your salary earned for each month of increase, plus
				  five and one-half percent annual interest, accumulated monthly, or the
				  actuarial cost, whichever is less. See WAC
				  415-108-350.
(1)
How does the department use the
				judicial benefit multiplier actuarial factors?
The department uses the
				judicial benefit multiplier actuarial factors to determine the actuarial
				equivalent value of the increase to the benefit resulting from the higher
				benefit multiplier. The factor is based on the age of the member at the time
				the bill for the higher benefit multiplier is created. For more information
				about the JBM program, please see WAC
				415-108-350.
(2)
What is the actuarial calculation
				to increase the benefit multiplier on past judicial service credit?
The actuarial formula to determine the cost to increase past
				  judicial service to the higher benefit multiplier is:
Click
				  to view image
(3)
JBM actuarial factor table.
The actuarial factor table is
				available on the DRS website at
www.drs.wa.gov
.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › PROPERTY DIVISION IN DISSOLUTION ORDERS › Section 415-02-500 - Property division in dissolution orders[1]

Current through Register Vol. 24-14, July 15, 2024
This section applies to all retirement plans that the
				  department administers. This section also directs you to additional sections as
				  needed for your particular situation.
(1)
What can a court do?
A court
				can enter a dissolution order dividing your retirement account in either of the
				following ways:
(a) Awarding an
				interest2 in your account to your ex-spouse by using
				WAC 415-02-510 or
				415-02-530; or
(b) Splitting3
				your account into two separate accounts (one for you and one for your
				ex-spouse) by using WAC
				415-02-520 or
				415-02-540, but only if you are
				vested at the time the dissolution order is entered. "Vested" is defined in
				subsection (15) of this section.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › PROPERTY DIVISION IN DISSOLUTION ORDERS › Section 415-02-540 - How can my Plan 3 retirement account be split[1] by a property division dissolution order?

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may
				use this section?
You may use this section if:
(a) You are a member of TRS Plan 3, SERS Plan
				3 or PERS Plan 3;
(b) You have
				enough service credit to receive a defined benefit payment when you meet the
				age requirement for your system; and
(c) You have or will have a property division
				dissolution order or amendment dated on or after July 1,
				20032. If your ex-spouse will be receiving an
				interest in your account, use WAC
				415-02-530.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › PROPERTY DIVISION IN DISSOLUTION ORDERS › Section 415-02-550 - What happens to my defined contributions if I transfer to Plan 3 after the department of retirement systems accepts my property division dissolution order?

Current through Register Vol. 24-14, July 15, 2024
(1)
Who
				may use this section?
You may use this section if you were a member of
				PERS Plan 2, SERS Plan 2, or TRS Plan 2 and obtained a property division
				dissolution order using the language in
				RCW
				41.50.670(2) and WAC
				415-02-510 or
				415-02-520, and transfer to Plan
				3.1
(2)
What happens if the property division dissolution order (using the
				language in
				RCW
				41.50.670(2) and WAC
				415-02-510 )
did
				not
split my account?
Refer to WAC
				415-02-530 for information about
				your defined benefit account and about your and your ex-spouse's defined
				contribution accounts after you transfer to Plan 3.
(3)
What happens if the property
				dissolution order used the language in WAC 415-02-520 and
did
split my account?
(a) Your
ex-spouse's
account will remain in Plan 2.
Your
				ex-spouse is ineligible to transfer to Plan 3.
(b) The balance of your accumulated
				contributions remaining in your Plan 2 account after it was split will be
				transferred to your Plan 3 defined contributions account. (Refer to chapter
				415-111 WAC for information about your defined contribution account.)
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-700 - Are fallen heroes' survivor benefits nontaxable?

Current through Register Vol. 24-14, July 15, 2024
(1)
What is the fallen heroes tax
				exemption?
The department makes survivor benefit annuity payments to
				qualified survivor beneficiaries of public safety officers killed in the line
				of duty. All or part of the annuity benefit paid may be nontaxable under
				applicable federal law1.
Lump sum
				payments do not qualify
for nontaxable treatment under this
				provision of law.
(a)
Who is
				covered?
Deceased public safety officers who were members of LEOFF,
				PERS, PSERS and WSPRS. If the deceased officer was a member of another plan,
				please contact the department or your tax advisor to discuss the
				matter.
(b)
What time period
				is covered?
MEMBER'S DATE OF DEATH
SURVIVOR BENEFIT PAYMENT DATE
On or after January 1, 1997
On or after January 1, 1997
On or before December 31, 1996
On or after January 1, 2002
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-710 - What is the $150,000 death benefit?

Current through Register Vol. 24-14, July 15, 2024
(1)
What is the $150,000 death
				benefit?
This is a benefit consistent with workers' compensation law,
				Title
				51 RCW. The benefit may be
				nontaxable under applicable federal law. It is payable to LEOFF, PERS, PSERS,
				SERS, TRS, and WSPRS beneficiaries if the member died as a result of:
(a) An injury sustained in the course of
				employment; or
(b) An occupational
				disease or infection that arose naturally and proximately out of
				employment.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-720 - What does the department charge for processing split payments? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.50.680. 10-14-072, §
											415-02-720, filed 7/1/10,
					 effective 8/1/10. Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.50.600,
					 41.50.680,26.18.110(4),
					 26.23.060(9),
					 74.20A.080(15).
					 04-04-040, §
											415-02-720, filed 1/29/04,
					 effective 3/1/04.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-740 - What are the IRS limitations on maximum benefits and maximum contributions?

Current through Register Vol. 24-14, July 15, 2024
(1)
Basic Internal Revenue Code (IRC) section 415 limitations.
Subject
				to the provisions of this section, benefits paid from, and employee
				contributions made to, the plan shall not exceed the maximum benefits and the
				maximum annual addition, respectively, as applicable under IRC section 415.
				This rule applies retroactively beginning on January 1, 2009, except as
				otherwise stated.
(2)
Definitions.
As used in this section:
(a) "IRC section 415(b) limit" refers to the
				limitation on benefits established by IRC section 415(b);
(b) "IRC section 415(c) limit" refers to the
				limitation on annual additions established by IRC section 415(c); and
(c) Limitation year is the calendar
				year.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-750 - How does the department comply with Internal Revenue Code distribution rules?

Current through Register Vol. 24-14, July 15, 2024
(1) All
				benefits paid from the retirement plan shall be distributed in accordance with
				a reasonable and good faith interpretation of the requirements of section 401
				(a)(9) of the Internal Revenue Code, as applicable to a governmental plan
				within the meaning of section 414(d) of the Internal Revenue Code. In order to
				meet these requirements, the retirement plan shall be administered in
				accordance with the following provisions:
(a)
				If a plan member separates from service prior to attaining eligibility for a
				future benefit and the balance of the member's accumulated contributions is
				less than $1,000, the department may initiate a refund of the member's
				accumulated contributions following written notification to the member.
(i) A refund of the accumulated contributions
				initiated by the department under the terms of this section shall terminate all
				rights to benefits in the retirement plan.
(ii) If the member is reemployed in an
				eligible position, service credits earned prior to the refund may be restored
				upon repayment according to the provisions of the plan.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-751 - How does the department comply with Internal Revenue Code rollover rules?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				distributee may elect to have eligible rollover distributions paid in a direct
				rollover to an eligible retirement plan the distributee specifies, pursuant to
				section 401(a)(31) of the federal Internal Revenue Code.
(2) "Eligible rollover distribution" means
				any distribution of all or any portion of the balance to the distributee with
				the following exceptions:
(a) Any
				distribution that is one of a series of substantially equal periodic payments
				(not less frequently than annually) made for the life (or the life expectancy)
				of the distributee or the joint lives (or joint life expectancies) of the
				distributee and the distributee's designated beneficiary, or for a specified
				period of ten years or more;
(b)
				Any distribution to the extent such distribution is required under section
				401(a)(9) of the Internal Revenue Code;
(c) The portion of any distribution that is
				not includible in gross income; and
(d) Any other distribution that is reasonably
				expected to total less than two hundred dollars during the year.
Effective January 1, 2002, a portion of a distribution will
				  not fail to be an eligible rollover distribution merely because the portion
				  consists of after-tax employee contributions that are not includible in gross
				  income. However, such portion may be transferred only to an individual
				  retirement account or annuity described in section 408(a) or (b) of the
				  Internal Revenue Code, or to a qualified defined contribution plan described in
				  section 401(a) of the Internal Revenue Code, that agrees to separately account
				  for amounts so transferred (and earnings thereon), including separately
				  accounting for the portion of the distribution that is includible in gross
				  income and the portion of the distribution that is not so includible, or on or
				  after January 1, 2007, to a qualified defined benefit plan described in section
				  401(a) of the Internal Revenue Code or to an annuity contract described in
				  section 403(b) of the Internal Revenue Code, that agrees to separately account
				  for amounts so transferred (and earnings thereon), including separately
				  accounting for the portion of the distribution that is includible in gross
				  income and the portion of the distribution that is not so includible.
Effective January 1, 2002, the definition of eligible
				  rollover distribution also includes a distribution to a surviving spouse, or to
				  a spouse or former spouse who is an alternate payee under a qualified domestic
				  relations order, as defined in section 414(p) of the Internal Revenue
				  Code.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-753 - How does the department comply with Internal Revenue Code vesting rules?

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				protections provided by state law, a plan member shall be one hundred percent
				vested in all plan benefits upon attainment of the normal retirement age and
				service requirements.
(2) A plan
				member shall be one hundred percent vested in his or her accumulated
				contributions at all times.
(3) The
				plan may only be terminated by action of the legislature and employer
				contributions must be paid in accordance with state law. In the event the
				legislature took action to terminate a plan, in whole or in part, or
				discontinue employer contributions to the plan, any applicable state law and
				constitutional protections would apply to accrued benefits. In such event,
				pursuant to federal rules, a plan member's accrued benefit under the plan in
				nonforfeitable to the extent funded.
Statutory Authority:
					 RCW
					 41.50.050(5). 10-24-099,
					 §
											415-02-753, filed 12/1/10,
					 effective 1/1/11.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-754 - How does the department comply with Internal Revenue Code definitely determinable benefit rules?

Current through Register Vol. 24-14, July 15, 2024
(1) In
				conformity with section 401(a)(8) of the Internal Revenue Code, any forfeitures
				of benefits by members or former members of the plan will not be used to pay
				benefit increases. However, such forfeitures shall be used to reduce employer
				contributions.
(2) In conformity
				with section 401(a)(25) of the Internal Revenue Code, actuarial equivalence for
				purposes of calculating benefit options is determined using the following
				assumptions and without employer discretion:
Interest rate: Five percent; and
(a) For years prior to January 1, 2009, the
				mortality table specified in Revenue Ruling 2001-62 or any subsequent revenue
				ruling modifying the applicable provisions of Revenue Ruling 2001-62;
				or
(b) For years after December 31,
				2008, the applicable mortality tables described in section 417(e)(3)(B) of the
				Internal Revenue Code, Notice 2008-85, or any subsequent Internal Revenue
				Service guidance implementing section 417(e)(3)(B) of the Internal Revenue
				Code.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-755 - How does the department comply with Internal Revenue Code USERRA rules?

Current through Register Vol. 24-14, July 15, 2024
Effective December 12, 1994, notwithstanding any other
				  provisions of state law, contributions, benefits and service credit with
				  respect to qualified military service are governed by section 414(u) of the
				  Internal Revenue Code and the Uniformed Services Employment and Reemployment
				  Rights Act (USERRA) of 1994.
Effective with respect to deaths occurring on and after
				  January 1, 2007, while a member is performing qualified military service (as
				  defined in chapter 43 of
				  Title
				  38 of the United States Code),
				  to the extent required by section 401(a)(37) of the Internal Revenue Code,
				  survivors of a member of a retirement system are entitled to any additional
				  benefits that the system would provide if the member had resumed employment and
				  then died, such as accelerated vesting or survivor benefits that are contingent
				  on the member's death while employed. In any event, a deceased member's period
				  of qualified service must be counted for vesting purposes.
Statutory Authority:
					 RCW
					 41.50.050(5). 10-24-099,
					 §
											415-02-755, filed 12/1/10,
					 effective 1/1/11.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-02 - General provisions › TAXES AND FEES › Section 415-02-756 - How does the department comply with Internal Revenue Code exclusive benefit rules?

Current through Register Vol. 24-14, July 15, 2024
No assets of the retirement system may be used for or
				  diverted to a purpose other than the exclusive benefit of the members and their
				  beneficiaries at any time prior to the satisfaction of all liabilities with
				  respect to members and their beneficiaries.
Statutory Authority:
					 RCW
					 41.50.050(5). 10-24-099,
					 §
											415-02-756, filed 12/1/10,
					 effective 1/1/11.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-010

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-010, filed 8/24/01,
				  effective 9/24/01. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.780(11).
				  96-16-020, §
										415-04-010, filed 7/29/96,
				  effective 7/29/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-04-010, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-04-010, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-015 - When can I use the petition process?

Current through Register Vol. 24-14, July 15, 2024
You may use the petition process to request review of
				administrative decisions that address the following matters, including, but not
				limited to:
(1) Service
			 credits;
(2) Service retirement
			 benefits;
(3) Membership in the
			 retirement systems;
(4) Disability
			 benefits, except as otherwise provided by law;
(5) Survivor benefits; and
(6) Benefit increases provided by
			 RCW
			 41.16.145 or
			 41.18.104.
(7) Deferred compensation accounts, except
			 that review of decisions regarding payments due to unforeseeable emergency, are
			 governed by WAC
			 415-08-015.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-015, filed 8/24/01,
				  effective 9/24/01.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-017 - What is not covered by this chapter?

Current through Register Vol. 24-14, July 15, 2024
You may not use the petition process to request review of
				administrative decisions that address the following matters, including, but not
				limited to:
(1) Overpayments if the
			 procedures in
			 RCW
			 41.50.135 or
			 41.50.138 apply.
(2) Deferred compensation plan payments
			 because of an unforeseeable emergency (see WAC
			 415-08-015 ).
(3) Law enforcement officers' and
			 firefighters' (LEOFF) Plan 1 appeals of disability board decisions that the
			 LEOFF administrator reviews. For more information about LEOFF Plan 1 disability
			 board appeals, please refer to
			 RCW
			 41.26.140 (reexaminations of disability
			 beneficiaries),
			 RCW
			 41.26.200 (right to appeal); WAC
			 415-104-035 (jurisdiction), WAC
			 415-104-045 (who can appeal, and
			 deadline), WAC
			 415-104-050 (how DRS will handle
			 the appeal), and WAC
			 415-104-060 (records reviewed on
			 appeals).
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.060,
				  41.50.770,41.50.780, 2001 c 42. 02-12-084,
				  §
										415-04-017, filed 6/4/02,
				  effective 7/5/02. Statutory Authority:
				  RCW
				  41.50.050(5),41.50.050,
				  41.50.060. 01-18-018, §
										415-04-017, filed 8/24/01,
				  effective 9/24/01.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-020 - How do I file a petition for review?

Current through Register Vol. 24-14, July 15, 2024
(1) You may request administrative review of
			 an administrator's decision by filing a petition with the petition
			 examiner.
(2) You must file the
			 petition within one hundred twenty days from the date you received the
			 administrator's decision.
(3) If
			 you fail to file the petition within one hundred twenty days, you lose the
			 right to judicial review, because of your failure to exhaust administrative
			 remedies as required by
			 RCW
			 34.05.534.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-020, filed 8/24/01,
				  effective 9/24/01. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.780(11).
				  96-16-020, §
										415-04-020, filed 7/29/96,
				  effective 7/29/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-04-020, filed 5/18/93,
				  effective 6/18/93. Statutory Authority:
				  RCW
				  41.50.050. 91-19-064, §
										415-04-020, filed 9/16/91,
				  effective 10/17/91; Order 4, §
										415-04-020, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-025 - Who may file a petition?

Current through Register Vol. 24-14, July 15, 2024
You may file a petition if you are a member, current or former
				spouse, designated beneficiary or employer, and have a sufficient stake in the
				outcome of the petition proceeding.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-025, filed 8/24/01,
				  effective 9/24/01.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-030 - What should my petition include?

Current through Register Vol. 24-14, July 15, 2024
Your petition should include:
(1) A statement of what you want the
			 department to do (relief requested) after considering the petition;
(2) An explanation of why your request has
			 merit;
(3) All facts relating to
			 the petition, including any relevant documents or sworn statements;
(4) The name and address of your attorney, if
			 applicable; and
(5) Your name,
			 address, phone number, fax number, e-mail address, and signature.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-030, filed 8/24/01,
				  effective 9/24/01. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.780(11).
				  96-16-020, §
										415-04-030, filed 7/29/96,
				  effective 7/29/96.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-035 - How much information do I need to provide in support of my petition?

Current through Register Vol. 24-14, July 15, 2024
You bear the burden of convincing the petition examiner that
				you are entitled to the relief requested. You must provide sufficient
				information to outweigh the information that the plan administrator used in
				making the administrative determination that is being
				reviewed.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-035, filed 8/24/01,
				  effective 9/24/01.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-037 - If I petition for disability retirement benefits, who pays the cost of obtaining additional medical data?

Current through Register Vol. 24-14, July 15, 2024
If you petition the department for a disability retirement
				benefit and you need to provide additional medical data in support of your
				petition, you must pay any cost involved.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-037, filed 8/24/01,
				  effective 9/24/01.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-040 - What will the department do after receiving my petition?

Current through Register Vol. 24-14, July 15, 2024
The department's petition examiner will:
(1) Acknowledge receipt of your
			 petition;
(2) Notify persons or
			 entities potentially impacted by the outcome of the process, such as the
			 member, current or former employer(s), designated beneficiaries, or former
			 spouse, that you filed a petition;
(3) If deemed necessary or useful, request
			 additional information at any time;
(4) Issue a written decision within ninety
			 days of the date the department received your petition, unless that deadline is
			 extended for good cause; and
(5) If
			 deemed necessary or useful, and without issuing a petition decision, refer the
			 petition back to the appropriate administrator for a new determination if:
(a) The petition adds new issues or facts
			 that have not been addressed in the plan administrator's final determination;
			 or
(b) The administrator did not
			 have access to information that may have changed the outcome of the
			 administrative determination.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-04 - Petition procedure › Section 415-04-050 - How do I appeal a petition decision?

Current through Register Vol. 24-14, July 15, 2024
(1) You may file an appeal of the petition
			 decision with the department's director no later than sixty days after you
			 receive the petition decision.
(2)
			 You must follow the procedures in chapter 415-08 WAC in filing your
			 appeal.
(3) If you fail to file
			 your appeal within sixty days, you lose your right to judicial review, because
			 of your failure to exhaust administrative remedies as required by
			 RCW
			 34.05.534.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.050,
				  41.50.060. 01-18-018, §
										415-04-050, filed 8/24/01,
				  effective 9/24/01. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.780(11).
				  96-16-020, §
										415-04-050, filed 7/29/96,
				  effective 7/29/96.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to ensure compliance by
				the department of retirement systems with the provisions of chapter 1, Laws of
				1973, (Initiative 276), Disclosure -- Campaign finances -- Lobbying -- Records;
				now codified as chapter 42.17 RCW.
Order 4, §
										415-06-010, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
Public
			 records.
"Public record" includes any writing containing information
			 relating to the conduct of governmental or the performance of any governmental
			 or proprietary function prepared, owned, used or retained by any state or local
			 agency regardless of physical form or characteristics.
(2)
Writing.
"Writing" means
			 handwriting, typewriting, printing, photostating, photographing, and every
			 other means of recording any form of communication or representation, including
			 letters, words, pictures, sounds; or symbols, or combination thereof, and all
			 papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
			 or punched cards, discs, drums and other documents.
(3) "Department" means the department of
			 retirement systems.
(4) "Director"
			 means the director of retirement systems.
Order 4, §
										415-06-020, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-030 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The department's records shall be in the charge of the public
				records officer designated by the department. The person so designated shall be
				located in the administrative office of the department. The public records
				officer shall be responsible for the following: The implementation of the
				departments rules and regulation regarding release of public records,
				coordinating the staff of the department in this regard, and generally insuring
				compliance by the staff with the public records disclosure requirements of
				chapter 1, Laws of 1973.
Order 4, §
										415-06-030, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-040 - Office hours

Current through Register Vol. 24-14, July 15, 2024
Public records shall be available for inspection and copying
				during the customary office hours of the department. For the purposes of this
				chapter, the customary office hours shall be from 9:00 a.m. to noon and from
				1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal
				holidays.
Order 4, §
										415-06-040, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-050 - Requests for public records

Current through Register Vol. 24-14, July 15, 2024
In accordance with requirements of chapter 1, Laws of 1973 that
				agencies prevent unreasonable invasions of privacy, protect public records from
				damage or disorganization, and prevent excessive interference with essential
				functions of the agency, public records may be inspected or copied or copies of
				such records may be obtained, by members of the public, upon compliance with
				the following procedures:
(1) A
			 request shall be made in writing upon a form prescribed by the department which
			 shall be available at its administrative office. The form shall be presented to
			 the public records officer; or to any member of the department's staff, if the
			 public records office is not available, at the administrative office of the
			 department during customary office hours. The request shall include the
			 following information:
(a) The name of the
			 person requesting the records;
(b)
			 The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced
			 within the current index maintained by the records officer, a reference to the
			 requested record as it is described in such current index;
(e) If the requested matter is not
			 identifiable by reference to the department's current index, an appropriate
			 description of the record requested.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-060 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) No fee shall be
			 charged for the inspection of public records or for locating public records and
			 making them available for copying. However, the department may charge fees for
			 copying and providing copies of public records. Such fees will not exceed the
			 rates established in
			 RCW
			 42.56.120, as amended by section 3, chapter
			 304, Laws of 2017.
(2) Pursuant to
			 RCW
			 42.56.120, as amended by section 3, chapter
			 304, Laws of 2017, the department declares for the following reasons that it
			 would be unduly burdensome to calculate the actual costs of copying and
			 providing copies of public records: Department resources were not allocated for
			 performing a study to calculate the actual costs; the department lacks the
			 necessary resources to perform such a study and calculations; and such a study
			 would interfere with and disrupt other essential department
			 functions.
Order 4, §
										415-06-060, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 reserves the right to determine that a public record requested in accordance
			 with the procedures outlined in WAC
			 415-06-050 is exempt under the
			 provisions of section 31, chapter 1, Laws of 1973.
(2) In addition, pursuant to section 26,
			 chapter 1, Laws of 1973, the department reserves the right to delete
			 identifying details when it makes available or publishes any public record, in
			 any cases when there is reason to believe that disclosure of such details would
			 be an invasion of personal privacy protected by chapter 1, Laws of 1973. The
			 public records officer will fully justify such deletion in writing.
(3) All denials of requests for public
			 records must be accompanied by a written statement specifying the reason for
			 the denial, including a statement of the specific exemption authorizing the
			 withholding of the record and a brief explanation of how the exemption applies
			 to the record withheld.
Order 4, §
										415-06-070, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-080 - Review of denials of public records requests

Current through Register Vol. 24-14, July 15, 2024
(1) Any person who objects to the denial of a
			 request for a public record may petition for prompt review of such decision by
			 tendering a written request for review. The written request shall specifically
			 refer to the written statement by the public records officer or other staff
			 member which constituted or accompanied the denial.
(2) Immediately after receiving a written
			 request for review of a decision denying a public record, the public records
			 officer or other staff member denying the request shall refer it to the
			 director or an assistant director of the department. The director or assistant
			 shall immediately consider the matter and either affirm or reverse such denial
			 as soon as legally possible. In any case, the request shall be returned with a
			 final decision, within two business days following the original
			 denial.
(3) Administrative remedies
			 shall not be considered exhausted until the director has returned the petition
			 with a decision or until the close of the second business day following denial
			 of inspection, whichever occurs first.
Order 4, §
										415-06-080, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-090 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose.
			 This rule is intended to implement RCW 42.17.260(4)(a) and (b), which require
			 state agencies to establish and implement a system of indexing for certain
			 records maintained by state agencies.
(2) Responsibility for department's indexing
			 system. The department's indexing system for records covered under this section
			 is administered by the manager of the files unit. All record indices described
			 in this section shall be located at the department's files unit.
(3) The department shall establish and
			 implement a system of indexing for all records issued before July 1, 1990, for
			 which the department has maintained an index. The department has maintained an
			 index for the following records which have existed before July 1, 1990:
(a) "Final opinions" which include the
			 director's final orders and other final orders in adjudicative proceedings
			 concerning the department;
(b)
			 "Statements and interpretations of law and policy" which include the
			 department's "DRS notices" advising employers of the department's position
			 regarding law and/or policy; and formal and informal opinions by the state
			 attorney general's office, used by the department as the basis for
			 administrative decisions;
(c)
			 "Administrative staff manuals and instructions" which affect members of the
			 public;
(d) "Planning policies and
			 goals";
(e) "Factual reports and
			 studies" by department staff, consultants, other governmental entities, and
			 private organizations;
(f)
			 "Correspondence" by the department in which the department determines or
			 provides an opinion on the rights of state government, the public, subdivisions
			 of state government, or any private party.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-100 - How do I contact the department?

Current through Register Vol. 24-14, July 15, 2024
(1) Mailing address: Department of Retirement
			 Systems, P.O. Box 48380, Olympia, WA 98504-8380.
(2) Street address: 6835 Capitol Blvd.,
			 Tumwater, WA 98501.
(3) Phone
			 numbers: (360) 664-7000 or toll-free (outside Olympia area) 1 (800) 547-6657,
			 or TDD (for the hearing impaired) (360) 586-5450.
(4) E-mail address:
			 recep@drs.wa.gov.
(5) Web site:
http://www.drs.wa.gov
.
Statutory Authority:
				  RCW
				  41.50.050(5) and 42.17.250.
				  03-24-052, §
										415-06-100, filed 11/26/03,
				  effective 12/27/03. Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.055(5),34.05.220(1)(b),
				  42.17.250. 01-18-017, §
										415-06-100, filed 8/24/01,
				  effective 9/24/01; Order 4, §
										415-06-100, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-06 - Public records › Section 415-06-110 - Adoption of form

Current through Register Vol. 24-14, July 15, 2024
The director hereby adopts for use by all persons requesting
				inspection and/or copying or copies of the department records, the form
				attached hereto as Appendix A, entitled "Request for public record."
APPENDIX A
REQUEST FOR PUBLIC RECORDS
Name of Requestor:
Address:
Phone:
Date of Request:
Time of Request:
Nature of Request:
1.
Index Reference . . . . . . . . . . . .
2.
If not identifiable by reference to the index,
							 then
describe the document(s) in detail . . . . . . . . .
							 . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Signature
. . . . . . . . . . . .
For Office Use Only:
(1)
Request
Granted []
Record
Withheld []
Record Withheld
In part []
(2)
If withheld, name the exemption contained in section
							 31, chapter 1, Laws of 1973, which authorizes the withholding of the record or
							 part of record: Subsection (1) ( ).
(3)
If withheld, briefly explain how the exemption
							 applies to the record withheld.
(4)
If request granted, time. . . . . . . , day. . . . .
							 . . . .
Order 4, §
										415-06-110, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-010 - Scope

Current through Register Vol. 24-14, July 15, 2024
This chapter governs the procedure the department follows in
				conducting adjudicative proceedings under
				chapter
				34.05 RCW. The department
				adopts the model rules of procedure contained in chapter 10-08 WAC to the
				extent that those provisions are not contrary to the provisions of this
				chapter. These rules shall govern all adjudicative proceedings before the
				department.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-010, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-010, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-010, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-015 - Appealing a denied request for an in-service deferred compensation withdrawal

Current through Register Vol. 24-14, July 15, 2024
WAC
				415-501-510 and Section 457 of
				the Internal Revenue Code authorize distributions from the deferred
				compensation plan due to an unforeseeable emergency. If your application for a
				pay out is denied, you are entitled to have that decision reviewed.
(1)
Filing deadline.
You must
			 apply for review in writing within sixty days of the date you receive the
			 denial.
(2)
Contents of
			 review application.
Your application must contain the items listed in
			 WAC 415-08-023.
(3)
Type of proceeding.
Within
			 twenty days of receipt of your application, the department will notify you in
			 writing that it will conduct either:
(a) A
			 brief adjudicative proceeding under
			 RCW
			 34.05.482 through
			 34.05.494; or
(b) A full adjudicative proceeding under this
			 chapter.