The Rules Center is the central source of information for all Department of Retirement System (DRS) rules. Rules are also known as Washington Administrative Code (WAC). State agencies adopt rules to implement state and federal law. The legal requirements for rule-making are found in the Administrative Procedure Act, Chapter 34.05 RCW.
All agencies file their preproposals with the Code Reviser’s Office for publication in the Washington State Register (WSR). The WSR numbers shown on the right side of the table are assigned by the Code Reviser’s Office. Select a WSR number to go directly to the preproposal notice.
|Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Plan 2 disability survivor option changes: To clarify survivor options when a LEOFF Plan 2 member's disability status changes.||21-12-097 |
|Teachers' Retirement System (TRS) Plan 2 and 3 disability benefits: To clarify TRS Plan 2 and 3 disability retirement benefits, including eligibility and application requirements.||21-12-098 |
|Calculating retirement benefit indexing for Plan 3 and LEOFF Plan 2: Plan 3 of the Public Employees' Retirement System (PERS), School Employees' Retirement System (SERS), and Teachers' Retirement System (TRS), and the Law Enforcement Officers' and Firefighters' Retirement System (LEOFF) Plan 2 provide an increased benefit if retirement is delayed following separation from employment after twenty or more years of service. The increase is referred to as a benefit "index." This rule-making action will clarify how the indexed retirement benefit is calculated.||21-11-096 |
|Plan 3 delayed contributions: To clarify how the Department of Retirement Systems (DRS) will determine if a Plan 3 member has experienced a loss of investment earnings resulting from their employer's delay in the submittal of contributions, and how such a loss will be calculated.||21-11-097 |
|Property division in dissolution orders:To update and clarify the rules related to property division dissolution orders involving the retirement plan. Updates include the elimination of certain fees.||21-11-098 |
|Deferred compensation program (DCP) and Plan 3 distribution options:To ensure customers understand their distribution options from their defined contribution (Plan 3) or DCP accounts, with the addition of new options permitted by the federal SECURE and CARES Acts, and the removal of direct purchases of commercial annuities.||21-07-139|
|Non-spouse survivor benefit option:To comply with Internal Revenue Service (IRS) regulations governing nonspousal survivor benefits from a retirement plan.||21-04-142|
|Plan choice irrevocability:This rule-making action will clarify when a member’s choice for Plan 2 or Plan 3 becomes irrevocable.||20-24-127|
|Retiree employment in an ineligible position: Eligibility for retirement requires a thirty day separation from covered employment. This amendment will clarify whether the thirty day separation requirement is met if the member has been employed in a position that is ineligible for membership in a retirement plan.||20-24-128|
|LEOFF Plan 2 catastrophic benefit adjustments: This amendment will clarify that adjustments to offset workers’ compensation and Social Security disability benefits will be prospective.||20-24-129|
|Defined Benefit Annuity Purchase – To clarify the sources of funds that may be used to purchase a defined benefit annuity.||20-21-109|
|Public records fees – To clarify the fees that will be assessed for documents and electronic files provided in response to a request made in accordance with the Public Records Act, including procedures for payment, and when the fees may be waived.||19-06-086|
|Eligibility for membership in the Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Retirement System: To clarify how the department interprets the statutes to determine LEOFF eligibility. Other revisions may be included if opportunities for further clarification are identified during this review.||17-20-073 Withdrawn: 20-21-050|
|Petitions for review of the department’s administrative decisions – The Department of Retirement Systems is evaluating the petitions process, and might identify alternative methods for seeking resolution to some administrative decisions.||17-11-021|
|Property division in dissolution orders – To correct WAC and RCW citations and clarify language as required.||05-12-034|
|Proposed Rule||Washington State Register Citations/Hearing Information|
DRS Notices of Expedited Rule-Making (CR-105)
Expedited rule-making is a shortened rule making process only used in select circumstances. RCW 34.05.353 outlines the types of changes that an agency can make to a rule without filing a CR-101 or CR-102, or having a public hearing. For example, an agency can correct a typographical error or update an address through expedited rule-making.
All agencies file their notices of expedited rule-making with the Washington State Register (WSR). If after reviewing the notice you object to the agency using expedited rule-making for the proposed changes, please contact the Department’s Rules Coordinator. You have 45 days from the notice’s publication in the WSR to object. Contact DRS to participate in rule-making.
|Eliminate subsection numbers in citations for definitions: Lists of definitions in RCW and WAC are alphabetized, so subsection numbers change when new terms are added. Eliminating references to specific subsections will remove and avoid incorrect citations.||21-11-111|
|Rules Adopted||Washington State Register Citations|
|Distributions following the member’s death with no survivor beneficiary: This rule-making action clarifies how any remaining contributions and prorated monthly benefit will be distributed following a member's death, if there is no ongoing survivor benefit.|| |
Effective: May 29, 2021
|Deferred compensation program (DCP) distributions: To clarify distribution rules for DCP customers who return to covered employment.|| |
Effective: April 11, 2021
|LEOFF Plan 2 catastrophic duty disability – To describe the process for periodic reviews to assess continued eligibility for catastrophic duty disability benefits.|| |
Adoption: WSR 21-01-209Effective: January 23, 2021
|Deferred Compensation Program (DCP) rollovers – To clarify eligibility to rollover funds from another source into a DCP account.|| |
Adoption: WSR 20-24-108Effective: January 1, 2021
|LEOFF Plan 2 Reportable Compensation – To clarify whether certain payments to LEOFF Plan 2 members are considered basic salary for the purpose of calculating retirement benefits, in accordance with RCW 41.26.030 (4)(b).|| |
Adoption: WSR 20-24-109
Effective: January 1, 2021
Often DRS uses public meetings and ad hoc committees to help develop rules. To participate, contact the rules coordinator. Be sure to include your email and return postal address.
Active members: Update your name and/or address through your employer. That new information will soon appear in your online retirement account.