DRS Notice 22-011, Update – Retiree Return-to-Work (RRTW) Rule Changes per ESHB 1699

Notice No: 22-011
Date: October 6, 2022
Applies to:  School Districts
Subject: DRS Notice 22-011, Update – Retiree Return-to-Work (RRTW) Rule Changes per ESHB 1699

System changes are now in place for school districts to use Type Code 96 for Public Employees’ Retirement System (PERS) retirees, who retired under the 2008 Early Retirement Factors (2008 ERFs) and returned to work in a nonadminstrative position.

Retirees in this group qualify for the 1,040-hour limit.

Background
ESHB 1699 took effect March 23, 2022 and provided exceptions to the retiree return to work (RRTW) rules for retirees who return to work at a school district. These exceptions do not include employment at any other type of employer such as Educational Service Districts, Charter Schools, the State School for the Deaf, the State School for the Blind, or institutions of higher education.

The following exceptions to the existing RRTW rules are in effect from March 23, 2022 through July 1, 2025. These exceptions extend to those who retired under the 2008 ERFs:

System/Plan Retired FromType of Position Returning toHourly LimitWait Period
PERS 1Nonadministrative1040 (Jan – Dec)100 days
PERS 2/3Nonadministrative1040 (Jan – Dec)100 days
SERS 2/3Nonadministrative1040 (Jan – Dec)30 days
TRS 1Nonadministrative1040 (Jul – Jun)30 days
TRS 1 retired before Jan. 1, 2022Superintendent or in-school administrator in second class school district1040 (Jul – Jun)30 days
TRS 2/3Nonadministrative1040 (Jan – Dec)30 days
TRS 2/3 retired before Jan. 1, 2022Superintendent or in-school administrator in second class school district1040 (Jan – Dec)30 days


Please view the RRTW Charts on the DRS website for specific reporting instructions for different return to work scenarios:

PERS Plan 1
PERS Plan 2 or 3
SERS Plan 2 or 3
TRS Plan 1
TRS Plan 2 or 3

How do employers know if a person is a 2008 ERF retiree?
If a person retired using the 2008 Early Retirement Factors (2008 ERF) and is under age 65; the Member Management (MMG) screen will look like this in the Employer Reporting Application (ERA):

Questions? If you have any questions regarding this DRS Notice, please contact Employer Support Services at 360-664-7200, option 2, or 800-547-6657, option 6, option 2; or email us.

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