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PDFWAC 415-108-560

Appointed officialsEligibility and application for retirement service membership.

(1) For the purposes of this section and WAC 415-108-570, an "appointed" official is a person who meets the criteria in RCW 41.40.010 and is not excluded by the criteria in RCW 41.40.035.
(2) Voluntary application for membership: Under RCW 41.40.023 (3)(a), appointed officials are exempt from mandatory retirement system membership. You have the option to apply for membership during your current term of appointed service. To apply for membership, submit a written application directly to the department. When the department approves your application you will be entitled to establish membership effective the first day of your current term of appointed service. Once membership is established, you will be required to pay the employee contributions for your current term of appointed service with interest as determined by the department.
(3) If you are not currently a retiree and when the department approves your application, you may establish membership retroactive to the first day of any previous appointed term or terms of office. Your plan membership that you established under subsection (2) of this section remains the same. To exercise this option, you must apply to the department pursuant to subsection (3) of this section. When the department approves the application you must:
(a) Pay the required employee contributions for such previous term or terms of appointed service with interest as determined by the department; and
(b) Pay the required employer contributions for such previous term or terms of appointed service with interest as determined by the department. The employer may, in its discretion, pay the required employer contributions plus interest in lieu of your paying this amount.
(c) "Current term of appointed service" includes an appointed official's entire current term of service. If you have not been appointed to a position with a set term of office, "current term of appointed service" includes all uninterrupted service in your current appointed position.
(4)(a) If you are a retiree and you become an appointed official, you may establish membership prospectively from the first day of the month following the date the department accepts your application.
(b) If you choose not to establish membership, the reemployment provisions of RCW 41.40.037 and WAC 415-108-710 will apply to you.
(5) Multiple positions: If you are employed in an eligible position at the time of appointment to office and will hold the two positions concurrently you may:
(a) Apply to the department to participate in membership pursuant to your appointed position as provided in subsection (2) of this section; or
(b) Choose not to participate pursuant to your appointed position while continuing membership through the nonappointive position.
(6) Membership length: Once you become a member of the retirement system you shall remain a member until you separate from all eligible public employment pursuant to RCW 41.40.150. It is not a separation if:
(a) Your term of office ends, and you begin another term of office in the same or a different position for the same employer without a break in service; or
(b) You resign from your appointed position and you are later reappointed to the position during the same term.
(7) This section codifies the department's long-standing administrative practice in relation to appointed officials. The department will apply this section to service by appointed officials which occurred prior to the effective date of this section.
[Statutory Authority: RCW 41.50.050. WSR 21-16-020, § 415-108-560, filed 7/23/21, effective 8/23/21. Statutory Authority: RCW 41.50.050(5), 41.40.023, 41.40.037. WSR 03-08-090, § 415-108-560, filed 4/2/03, effective 5/1/03. Statutory Authority: RCW 41.50.050. WSR 94-12-014, § 415-108-560, filed 5/23/94, effective 6/23/94.]
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