Department of Retirement Systems
Employers Title
 
 
 

Chapter 2: Membership

PSERS Membership

Exemptions for Persons Employed in PSERS Eligible Positions

Some Retirement Plans are Exempt from PSERS Membership

You are exempt from PSERS membership if you:

To determine prior plan membership, use Member Reporting Verification.

Membership Is Optional For Elected and Governor-Appointed Officials

PSERS members elected or Governor-appointed to any state elective position are exempt from PSERS membership unless they elect to join pursuant to RCW 41.37.020.

For questions about elected officials, contact Employer Support Services and refer members to the PSERS Elected Officials publication.

Independent Contractors Are Exempt from PSERS Membership

Only an employee of a PSERS employer is eligible for PSERS membership. Because independent contractors are not employees, they are exempt from PSERS membership. DRS applies the common law right of control test to determine if a worker is an employee or an independent contractor. Because of the complexity of the test, it is often difficult to determine if a person is an independent contractor without auditing the working situation. If you have questions about determining if a person is an independent contractor, contact Employer Support Services. [RCW41.37.020(5), WAC 415-02-110]

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Professional Services May Be Exempt from Membership

If an employee earns less than 50 percent of his or her gross income from the practice of his or her profession from a PSERS employer, then the person is exempt from PSERS membership. The terms "profession" and "professional services" are not defined in statute or rule, but some occupations that qualify as "professions" include:

If you encounter a person working in some occupation other than those listed above, please contact the legal unit at DRS to discuss whether the occupation qualifies as a profession.

Retirees Are Exempt from Membership

In most cases, retirees will only reenter membership if they elect to do so. The option may be exercised prospectively. If a PSERS retiree reenters membership, benefits stop until the member retires again. Refer to Retiree Returning to Work: What You Need to Know for reporting information. Refer members to Thinking About Working After Retirement?

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