DRS Rules Center
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About the Rules Center
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.
Find more information about rule-making or WACs by visiting the Office of the Code Reviser, the Washington State Register and the Joint Administrative Rules Review Committee websites.
DRS Rule Preproposals
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.
| Topic | WSR Number |
| Invoicing LEOFF Plan 2 employers for benefit overpayments directly related to erroneous reporting of member information: Revising WACs 415-02-075 and 415-104-112 to clarify when repaying overpaid LEOFF Plan 2 benefits is the employer’s responsibility versus the retiree’s responsibility. The revisions will bring these WACs into alignment with the requirements of chapter 304, Laws of 2024, Sections 301 through 303. | 24-17-144 |
| Revising WACs regarding cafeteria plans to improve clarity: Some DRS WACs regarding cafeteria plans include language regarding deferred payments, while IRS requirements say that cafeteria plans cannot include deferred compensation. The language in these DRS WACs does not actually conflict with IRS requirements, because “deferred payments” and “deferred compensation” have different legal meanings within the context of the tax code. However, DRS will revise the WAC language to avoid any confusion. | 24-17-140 |
| LEOFF Plan 2 disability benefits: Clarifying the requirement for LEOFF Plan 2 disability benefits to specify that members are not required to have a medical diagnosis regarding the disabling condition as of the date of separation, as long as sufficient supporting medical evidence is available later. | 24-06-053 |
| Similar Compensated Relationship: Clarifying the definition of "similar compensated relationship" as it applies to retirees returning to work while continuing to qualify for pension benefits. | WSR 23-17-155 |
| LEOFF benefit enhancement / taxation rule: We withdrew the original Preproposal Statement of Inquiry and replaced it with a new one to change the title of the rule and expand the scope of the rule. This rule will clarify provisions of 2022 legislation that offers new retirement benefits for LEOFF Plans 1 and 2. In addition, the rule will bring WAC language into alignment with Internal Revenue Service taxation requirements. | Original preproposal statement of inquiry: 22-17-065 Withdrawal letter for the original preproposal statement of inquiry: 23-05-086 New preproposal statement of inquiry: 23-05-087 |
| 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 |
Proposed Rule Hearings
| Proposed Rule | Washington State Register Citations/Hearing Information |
|---|---|
| Deferred compensation plan revisions: Completing implementation of the required minimum distribution provision from the SECURE Act of 2022 and revising language to align with other deferred compensation plan WACs. | Preproposal: 24-13-103 Proposal: 24-17-060 Hearing details: 9/26/24 at 3:00 p.m. TEAMS link Meeting ID: 255 330 665 343 Passcode: x7rwvC Phone: Phone number: (833) 322-1218 Code: 912 139 296# |
| Implementing chapter 319, Laws of 2024: Flexible and part-time work for general and limited authority Washington peace officers. | Preproposal: 24-11-032 Proposal: 24-17-123 Hearing details: 9/24/24 at 4:00 p.m. TEAMS link Meeting ID: 236 925 888 860 Passcode: CAvyKW Phone: Phone number: (833) 322-1218 Code: 184 726 30# |
Expedited Rule-Making
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.
| Topic | WSR Number |
|---|---|
| NA | NA |
Recently Adopted Rules
| Rules Adopted | Washington State Register Citations |
| Creating an exclusion from the definition of full-time employment for the purposes of automatic enrollment into DCP for seasonal workers: Under RCW 41.50.770(3), eligible new state employees are automatically enrolled in DCP unless they waive participation. However, some new employees are in positions that will only last for a limited number of months, so their employment ends before their contributions are deferred. In this rule, DRS would like to exclude these people from the definition of full-time employees so that they aren't required to be automatically enrolled. | Preproposal: 24-06-076 Proposal: 24-11-062 Adoption: 24-15-068 Concise Explanatory Statement Effective date: August 17, 2024 |
| Higher education retirement plan supplemental benefit fund: Making necessary WAC revisions to specify the process that will occur when the pension funding council, in consultation with the state actuary, determines that the higher education retirement plan supplemental benefit funds contain sufficient funding to allow benefit payments. | Preproposal: 24-05-038 Proposal: 24-10-052 Adoption: 24-15-019 Concise Explanatory Statement Effective date: August 9, 2024 |
| Holiday leave bank cash-out: Providing clarification regarding employers reporting cash-outs from holiday leave banks. | Preproposal: 23-20-113 Proposal: 24-10-106 Adoption: 24-13-062 Concise Explanatory Statement Effective date: July 14, 2024 |
| Medical insurance premium reimbursement: Provide further clarification regarding reimbursement of medical premiums for LEOFF Plan 2 members who are catastrophically disabled in the line of duty. | Preproposal: 23-20-126 Proposal: 24-10-105 Adoption: 24-13-026 Concise Explanatory Statement Effective date: July 8, 2024 |
| In-service distributions and required minimum distributions: Making changes to implement the in-service distribution provision from the SECURE Act of 2019 and the required minimum distribution provision from the SECURE Act of 2022. | Preproposal: 24-06-054 Proposal: 24-10-055 Adoption: 24-13-047 Concise Explanatory Statement Effective date: June 13, 2024 |
| Purchasing service credit; substitute teachers and school employees: Making necessary changes so that Plan 3 members of the teachers' retirement system and the school employees' retirement system who are substitute teachers or school employees can submit requests to purchase service credit by phone or email. | Preproposal: 24-03-117 Proposal: 24-07-069 Adoption: 24-11-018 Concise Explanatory Statement Effective date: June 6, 2024 |
| Implementing PSERS membership for public safety telecommunicators: To implement a bill regarding PSERS membership for public safety telecommunicators (HB 1055), which passed during the 2023 legislative session. | Preproposal: 23-11-136 Proposal: 24-07-081 Adoption: 24-11-015 Concise Explanatory Statement: Effective date: June 1, 2024 |
| SECURE Act 2.0, deferred compensation deferral dates: Making necessary changes to implement deferred compensation deferral dates under the federal SECURE Act 2.0. | Preproposal: 24-03-132 Proposal: 24-07-068 Adoption: 24-10-070 Concise Explanatory Statement Effective date: May 15, 2024 |
| Making further revisions to recent retiree return to work rules: DRS recently completed rule making to implement three retiree return to work bills, including chapter 110, Laws of 2022, and chapters 99 and 410, Laws of 2023. After completing the rule, the department identified further revisions that are necessary to correct conflicting rules to achieve full implementation. | Preproposal: 24-02-074 Proposal: 24-06-087 Adoption: 24-10-022 Concise Explanatory Statement Effective date: April 23, 2024 |
| Public safety employees' retirement system disability benefits: Implementing Chapter 22, Laws of 2022, public safety employees' retirement system – line-of-duty disability benefit. | Preproposal: 23-21-109 Proposal: 24-05-040 Adoption: 24-08-071 Concise Explanatory Statement Effective date: April 3, 2024 |
| Judicial retirement benefit multiplier: Clarifying the requirements of the judicial benefit multiplier program including, but not limited to, membership, contribution rates, and benefits calculation. | Preproposal: 23-11-133 Proposal: 23-20-098 Adoption: 24-01-024 Concise Explanatory Statement Effective date: January 8, 2024 |
| Retirees returning to work: To make changes and clarifications as necessary and appropriate to implement bills including: HB 1699 [permitting individuals retired from the Public Employees' Retirement System, the Teachers' Retirement System, and the School Employees' Retirement System additional opportunities to work for a school district], SHB 1056 [repealing some postretirement employment restrictions], and SSB 5538 [postretirement employment in nursing positions for a state agency]. | Preproposal: 23-13-099 Proposal: 23-20-112 Adoption: 23-24-091 Concise Explanatory Statement Effective dates: December 7, 2023 – changes resulting from ESHB 1699 and SSB 5538 January 1, 2024 – changes resulting from SHB 1056 |
| SECURE Act 2.0 deduction of medical premiums by former public safety officers: Until recently, former public safety officers needed to have medical premiums deducted from their pension in order to qualify for a tax deduction, but under the federal SECURE Act 2.0, they can now deduct $3,000 in medical premiums directly from their taxes. | Preproposal: 23-16-124 Proposal: 23-19-101 Concise Explanatory statement Adoption: 23-22-111 Effective date: November 2, 2023 |
| Roth for Deferred Compensation Program (DCP): This rule is to make changes to comply with recent legislation to add a new Roth option to DCP and with the federal SECURE Act 2.0. | Preproposal: 23-09-057 Proposal: 23-15-122 Concise Explanatory Statement Adoption: 23-18-025 Effective dates: September 25, 2023 – Changes resulting from EHB 1752 January 1, 2024 – Changes resulting from the SECURE Act 2.0 |
| Medical insurance premium reimbursement, LEOFF Plan 2 members: To provide clarification regarding reimbursement of medical premiums for LEOFF Plan 2 members who are catastrophically disabled in the line of duty. | Preproposal: 23-09-072 Proposal: 23-13-100 Concise Explanatory Statement Adoption: WSR 23-17-019 Effective date: September 7, 2023 |
| Law enforcement officers' and firefighters' (LEOFF) Plan 2 return to work options: To clarify language regarding the benefit options available to LEOFF Plan 2 retirees and members who return to work in a department of retirement systems (DRS) covered position. | Preproposal: 22-11-025 Proposal: 23-11-151 Concise Explanatory Statement Adoption: WSR-23-15-125 Effective date: August 19, 2023 |
| Disclaiming beneficiary benefits: Occasionally a beneficiary decides that they do not want to receive a benefit when a retirement member passes away. This rule will clarify how any disclaimed benefit will pass to other beneficiaries and/or the estate of the deceased. | Preproposal: 22-21-126 Proposal: 23-03-035 Concise Explanatory Statement Adoption: WSR 23-07-044 Effective Date: April 8, 2023 |
| Retirement account correction after retirement or separation from service: To clarify when the department can correct a member's record in cases where the member has been underpaid or overpaid. | Preproposal: 22-21-120 Proposal: 23-03-036 Concise Explanatory Statement Adoption: WSR 23-07-043 Effective Date: April 8, 2023 |
| 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. | Preproposal: 21-11-098 Proposal: 22-19-063 Continuance: 22-22-080 Concise Explanatory Statement Adoption: WSR 23-01-003 Effective Date: January 7, 2023 |
| Business hours: In compliance with RCW 42.04.060, the agency's business hours are posted on the agency's website and office building. This rule is no longer necessary. | 22-17-045 Adoption: WSR 22-22-087 Effective: December 2, 2022 |
| 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. | Preproposal: 21-07-139 Proposal: 22-14-101 Concise Explanatory Statement Adoption: WSR 22-17-049 Effective Date: September 11, 2022 |
| 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. | Preproposal: 19-06-086 Withdrawal: 22-15-021 |
| 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. | Preproposal: 21-11-096 Proposal: 22-12-067 Concise Explanatory Statement Adoption: WSR 22-15-007 Effective date: August 6, 2022 |
| Technical Corrections - DRS needs to amend rules in Title 415 WAC to correct references to realphabetized WAC and RCW. The substance and meaning of these rules are not changing | 22-08-107 Adoption: WSR 22-13-091 Effective: July 14, 2022 |
| Regular interest credited to member account balances: The department is establishing, by rule, a new process for periodically assessing the rate of regular interest. Additionally, the department is establishing a new daily interest methodology for all regular interest credited to member account balances beginning July 1, 2022. | 22-06-091 Proposal: 22-10-060 Concise Explanatory Statement Adoption: WSR 22-13-052 Effective Date: July 9, 2022 |
| Plan choice irrevocability: This rule-making action will clarify when a member’s choice for Plan 2 or Plan 3 becomes irrevocable. | Preproposal: 20-24-127 Proposal: 22-10-068 Concise Explanatory Statement Adoption: WSR 22-13-053 Effective Date: July 9, 2022 |
| Overlapping Service for Dual Members of First Class Cities: State pension plans limit a person from receiving more than one retirement service credit per month. This rule provides direction on how situations of excess service credit will be handled by the department. | Preproposal: 22-05-101 Proposal: 22-08-071 Concise Explanatory Statement Adoption: WSR 22-11-041 Effective Date: June 12, 2022 |
| 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 Proposal: 22-08-108 Concise Explanatory Statement Adoption: WSR 22-11-040 Effective Date: June 12, 2022 |
| LEOFF Plan 2 catastrophic duty disability: To update the process for periodic reviews to assess continued eligibility for catastrophic duty disability benefits. | Preproposal: 22-01-070 Proposal: 22-05-018 Concise Explanatory Statement Adoption: WSR 22-08-008 Effective: April 23, 2022 |
| 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. | Preproposal: 21-11-097 Proposal: 22-05-063 Concise Explanatory Statement Adoption: WSR 22-08-007 Effective: April 23, 2022 |
| 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. | Preproposal: 17-11-021 Withdrawal: 22-06-004 |
| Property division in dissolution orders: To correct WAC and RCW citations and clarify language as required. | Preproposal: 05-12-034 Withdrawal: 22-05-068 |
| LEOFF Plan 1 minimum medical and health standards: The minimum medical and health standards for establishing membership in LEOFF Plan 1 prior to October 1, 1977, are no longer necessary. | Preproposal:21-23-057 Proposal:22-02-077 Concise Explanatory Statement Adoption: WSR 22-05-049 Effective: March 12, 2022 |
| LEOFF Plan 2 return from disability: To clarify the process when a Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Plan 2 disability retiree returns to work. | Preproposal: 21-17-139 Proposal: 22-01-126 Concise Explanatory Statement Adoption: WSR 22-04-058 Effective: February 27, 2022 |
| Survivor option changes: To implement Chapter 161, Laws of 2020 (SB 6417), allowing members to change their survivor option one time within 90 calendar days following receipt of the first retirement benefit. | Preproposal: 21-18-122 Proposal: 21-22-116 Concise Explanatory Statement Adoption: WSR 22-01-061 Effective: January 8, 2022 |
| LEOFF Plan 2 catastrophic benefit adjustments: To clarify that adjustments to offset workers’ compensation and Social Security disability benefits will be prospective. | Preproposal: WSR 20-24-129 Proposal: WSR 21-19-149 Concise Explanatory Statement Adoption: WSR 21-22-049 Effective: November 28, 2021 |
| Automatic refunds of small inactive retirement fund contributions: In accordance with RCW 41.50.180, this rule allows DRS to initiate refunds of contributions to inactive, non-vested members with account balances less than $1,000. | Preproposal: WSR 21-15-111 Proposal: WSR 21-19-150 Concise Explanatory Statement Adoption: WSR 21-22-048 Effective: November 28, 2021 |
| Defined Benefit Annuity Purchase: To clarify the sources of funds that may be used to purchase a defined benefit annuity. | Preproposal: WSR 20-21-109 Proposal: WSR 21-19-148 Concise Explanatory Statement Adoption: WSR 21-22-047 Effective: November 28, 2021 |
| 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. | Proposal:WSR 21-11-111 Adoption: WSR 21-16-020 Effective: August 23, 2021 |
| 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. | Preproposal: 21-01-182 Proposal: 21-07-143 Concise Explanatory Statement Adoption: 21-10-036 Effective: May 29, 2021 |
| Deferred compensation program (DCP) distributions: To clarify distribution rules for DCP customers who return to covered employment. | Preproposal: 20-23-119 Proposal: 21-04-141 Concise Explanatory Statement Adoption: 21-07-044 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. | Preproposal: 20-16-099 Proposal: 20-23-117 Concise Explanatory Statement Adoption: WSR 21-01-209 Effective: January 23, 2021 |
| Deferred Compensation Program (DCP) rollovers – To clarify eligibility to rollover funds from another source into a DCP account. | Preproposal: 20-16-098 Proposal: 20-21-048 Concise Explanatory Statement Adoption: WSR 20-24-108 Effective: 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). | Preproposal:20-13-087 Proposal: 20-21-049 Concise Explanatory Statement Adoption: WSR 20-24-109 Effective: January 1, 2021 |
Participating in Rules Development
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.
Email drs.rules@drs.wa.gov or call 800-547-6657
