Washington Administrative Code

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…

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. WSR 01-18-018, § 415-04-037, filed 8/24/01,…

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 peti…

(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…

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/…

(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 cha…

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 implementat…

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 h…

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…

(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 RC…

(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, t…

(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 …

(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 indexi…

(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)…

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 arequest for public recordsName of Requestor:Address:Phone:Date of Req…

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 th…

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 a…

(1) Any party aggrieved by a petition decision rendered pursuant to chapter 415-04 WAC may appeal the decision by filing a notice of appeal within sixty days from the date such decision was communicated to the party.(2) The appealing parties shall file the original and two copies…

The notice of appeal must contain:(1) The name and mailing address of the member or beneficiary, and the employer of the member;(2) The name and legal residence of the appealing party, together with the mailing address of his or her representative, if any;(3) In the case of disab…

The director will designate a presiding officer to issue an order. The director may issue a general or specific presiding officer designation.(1) If the director designates a presiding officer to issue a final order, that person shall be a different person than director's designe…

If the parties stipulate to a record, a hearing before the presiding officer may be waived by agreement of all parties. The presiding officer will then issue a final order on the stipulated record.[Statutory Authority: RCW 41.50.050, 41.50.060 and 34.05.425. WSR 96-11-036, § 415-…

The parties to an appeal shall be the appealing party or parties and the department. There is no obligation to serve notices, pleadings or correspondence upon any person who has not entered an appearance as a party. Service upon the representative of a party shall constitute serv…

Only the following persons may appear in a representative capacity before the presiding officer:(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington.(2) Attorneys at law duly qualified and entitled to practice before the…

In all hearings involving the taking of testimony and the formulation of a record subject to review by the courts, where the presiding officer determines that representation in such hearing requires a high degree of legal training, experience, and skill, the board or its examiner…

An attorney or other representative withdrawing from a case shall immediately so notify the presiding officer and all parties of record in writing, or shall state such withdrawal for the record at a conference or hearing. Any substitution of an attorney or representative shall be…

All persons appearing in a representative capacity in proceedings before the presiding officer shall conform to the standards of ethical conduct required of attorneys before the courts of Washington. If any such person does not conform to such standards, the presiding officer may…

No former employee of the department or system or former member of the attorney general's staff may appear in a representative capacity on behalf of other parties in a formal proceeding wherein he or she previously took an active part as a representative of the department. No suc…

A presiding officer shall grant all timely requests to submit prehearing and posthearing memoranda, and shall set a reasonable time for the submission of memoranda. The department reserves the right to file a brief in response to any posthearing brief submitted by another party.[…

Any party may obtain discovery in the manner specified in Superior Court Civil Rule 26(a). The attendance of witnesses may be compelled by the use of a subpoena. Such discovery shall be governed generally by the procedures established by Superior Court Civil Rules 26-37, inclusiv…

(1) The presiding officer shall determine the proper order of presentation of evidence.(2) The person appealing or requesting a hearing shall have the burden of proof in the matter.[Statutory Authority: RCW 41.50.050(5), 41.50.060, 41.50.770, 41.50.780, 2001 c 42. WSR 02-12-084, …

RCW 41.50.165 generally allows you to purchase service credit that you failed to establish or reestablish within the statutory deadline.(1) You must pay the actuarial value of the increase to your retirement benefit. The actuarial value of the increase to your benefit means the c…

As used in this chapter:(1) Annual average salary means:(a) In PERS Plan 1, TRS Plan 1 or WSPRS Plan 1: The average of your two highest consecutive years of compensation as of the date of your service credit purchase.(b) In Plan 2 or Plan 3: The average of your five highest conse…

The department will calculate the actuarial value of the service credit you purchase under RCW 41.50.165(2) using the following formula:Total Cost = Part 1 Cost + Part 2 CostPart 1: Annual Average Salary x Service Credit Years to Purchase x Factor 1Part 2: Annual Average Salary x…

(1) You may not purchase service credit under RCW 41.50.165(2) if your deadline to establish or reestablish the service credit has not expired.(2) If you are reestablishing credit you must purchase at least the service credit you earned in any one calendar month of employment.(3)…

If you do not purchase all of your previously withdrawn service credit, the department will recredit your purchased service beginning with the oldest month of service canceled by your withdrawal.[Statutory Authority: RCW 41.50.050 and 41.50.165. WSR 97-01-014, § 415-10-060, filed…

(1) The department will provide you a service credit purchase estimate upon request. If, after receiving the estimate, you wish to purchase some or all of the available credit you must request a bill. Your request must identify the amount of service credit you wish to purchase.(2…

(1) You may receive a refund only after you separate from service and apply for withdrawal of your contributions. Your payments to purchase service credit under RCW 41.50.165(2) qualify as a part of your accumulated contributions. There are additional restrictions for TRS Plan 1,…

(1) Transferring purchased Plan 2 credit under RCW 41.50.165(2) into Plan 3. If you purchase Plan 2 service credit under this chapter and later enter Plan 3, that credit will also transfer to Plan 3.(a) Fifty percent of the money you paid to purchase the service credit will be cr…

These rules are adopted to implement administration of chapter 2.10 RCW by the director of the department of retirement systems pursuant to RCW 2.10.052.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-014 (Order 87-02), § 415-100-005, filed 3/11/87.]

These rules shall govern the unique aspects of the administration of chapter 2.10 RCW, Judicial retirement system.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-014 (Order 87-02), § 415-100-015, filed 3/11/87.]

See chapter 415-06 WAC.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-014 (Order 87-02), § 415-100-025, filed 3/11/87.]

Any judge who voluntarily leaves service after having served an aggregate of fifteen years but prior to attaining age sixty shall be eligible to apply for and receive a service retirement allowance computed according to RCW 2.10.110 commencing upon his/her attainment of age sixty…

(1) "Member" means:(a) A judge as defined in RCW 2.10.030(2), who elected to exchange survivor benefits, filed the requisite documents with the department pursuant to RCW 2.10.140(2), and is making contributions to the system; or(b) A former judge as defined in RCW 2.10.030(2), w…

The member, if married, must provide the spouse's consent to the option selected under WAC 415-100-055, verified by a notarized signature or other means acceptable to the department. If a married member does not provide verified consent, the department will pay the retired member…

RCW 2.10.146, enables the department to provide retiring members with four retirement benefit options. The member must choose an option when applying for service or disability retirement.(1) Option One: Benefit option without survivor features (standard allowance). The department…

(1) The purpose of this rule is to establish a method to actuarially recompute the retirement allowance of a plan member who retires, reenters employment causing his or her retirement allowance to be suspended, and then retires again.(2) If a member initially retired at or after …

(1) General. The definitions in RCW 43.43.120 and 41.50.010 apply to this chapter. In case of conflict between definitions, RCW 43.43.120 will prevail.(2) Membership.(a) WSPRS Plan 1 refers to members of the Washington state patrol retirement system commissioned before January 1,…