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.

TopicWSR Number
Law enforcement officers' and firefighters' (LEOFF) Plans 1 and 2 benefit enhancements: To clarify provisions of 2022 legislation that offers new retirement benefits for LEOFF Plans 1 and 2.22-17-065
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.22-11-025
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
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
Non-spouse survivor benefit option:To comply with Internal Revenue Service (IRS) regulations governing nonspousal survivor benefits from a retirement plan.21-04-142
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

Proposed Rule Hearings

Proposed RuleWashington State Register Citations/Hearing Information
NANA

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.

TopicWSR Number
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

Recently Adopted Rules

Rules AdoptedWashington State Register Citations
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 changing22-08-107
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.

Rules Coordinator

Email drs.rules@drs.wa.gov or call 800-547-6657

More ways to contact us



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