wa-26-21-086: Retirement Systems, Department of — WSR 26-21-086

WSR 26-21-086 (26-21)WSR 26-21-086PROPOSED RULESDEPARTMENT OFRETIREMENT SYSTEMS[Filed October 20, 2026, 4:49 p.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-17-057.Title of Rule and Other Identifying Information: Emergency teaching certifications and membership in the teachers' retirement system (TRS).Hearing Location(s): On December 14, 2026, at 2:30 p.m., via Microsoft Teams, Meeting ID 262 812 952 193 978, Passcode Hu2QB27W; or Phone 833-322-1218, Code 872 162 913#. See https://www.drs.wa.gov/sitemap/rules/#proposed-rule-hearings for details.Date of Intended Adoption: December 21, 2026.Submit Written Comments to: Bianca Stoner, Department of Retirement Systems (DRS), P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, beginning November 2, 2026, 8:00 a.m., by December 11, 2026, 5:00 p.m.Assistance for Persons with Disabilities: Contact Bianca Stoner, phone 360-664-7291, TTY 711, email drs.rules@drs.wa.gov, by December 9, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarifying that teachers with one-year emergency teaching certifications are eligible for TRS membership.Reasons Supporting Proposal: To provide additional clarity to employers.Statutory Authority for Adoption: RCW 41.50.050.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DRS, governmental.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Seth Miller, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 360-664-7304.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(a)(i) does not apply to this proposed rule, and DRS is not voluntarily making it applicable.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(4).Explanation of exemptions: Rules from DRS only affect members and beneficiaries of the state retirement systems and participating public employers. As a result, the rules do not affect small businesses.Scope of exemption for rule proposal:Is fully exempt.October 20, 2026Bianca StonerRules CoordinatorRDS-7359.1AMENDATORY SECTION(Amending WSR 20-13-065, filed 6/15/20, effective 7/16/20)WAC 415-112-015Definitions.All definitions in RCW 41.32.010 and WAC 415-02-030 apply to terms used in this chapter. Other terms relevant to the administration of chapter 41.32 RCW are defined in this chapter.(1) Accrual date means the first date from which a member's or beneficiary's benefit is calculated. See WAC 415-112-520, RCW 41.32.795 and 41.32.855.(2) Annual leave means leave provided by an employer for the purpose of taking regularly scheduled work time off with pay. Annual leave does not usually include leave for illness, personal business if in addition to and different than vacation leave, or other paid time off from work. However, if an employer authorizes only one type of leave, covering paid leave for vacation, illness, and any other excused absence from work, such leave will be considered annual leave for purposes of RCW 41.50.150.(3) Dual member means a person who:(a) Is or becomes a member of a retirement system, as defined in RCW 41.50.030 or 41.54.010(6), on or after July 1, 1988;(b) Has been a member of one or more other systems; and(c) Has never been retired for service from a retirement system and is not receiving a disability retirement or disability leave benefit from any retirement system listed in RCW 41.50.030 or 41.54.010(6). See WAC 415-113-041.(4) Ineligible position means a position that does not meet the requirements of an eligible position as stated in RCW 41.32.010(((37)))(15).(5) Pension benefit means that portion of a retiree's monthly retirement allowance that is funded by the state of Washington and the retiree's former employer or employers.(6) Public educational institution means a school district, the state school for the deaf, the state school for the blind, educational service districts, institutions of higher education, or community or technical colleges.(7)(a) Public school as defined in RCW 41.32.010 includes school districts, educational service districts, the state school for the deaf, and the state school for the blind but does not include the office of the superintendent of public instruction.(b) As applied to TRS employers other than those listed in (a) of this subsection, "public school" means an institution, ((fifty))50 percent or more of whose employees are "qualified to teach," whose primary function is to educate students. See subsection (8) of this section.(8) Qualified to teach as used under RCW 41.32.010(((29)))(49) means:(a) Having a valid certificate issued by the office of the superintendent of public instruction pursuant to WAC 181-79A-140;(b) Having a valid permit to teach issued by a lawful authority of this state pursuant to WAC 181-79A-128; ((or))(c) Having an emergency teaching certification pursuant to WAC 181-79A-228; or(d) Being employed under a contract to teach with an institution of higher education as defined in RCW 28B.10.016.(9) Service in an administrative or supervisory capacity as used under RCW 41.32.010 and in this chapter:(a) Means:(i) Service in a managerial role relating to the administration of a public school; or(ii) Service involving the exercise of direction over employees of the public school.(b) Includes, but is not limited to, service as: Principal, assistant principal, superintendent, assistant superintendent, personnel manager and business manager.(10) Spousal consent requires verified written evidence that the married member's spouse consents to the retirement option selected by the member. The spouse's signature on the retirement application filed with the department, duly executed and verified by notarization or other means acceptable to the department, constitutes "verified written evidence."(11) System acronyms used in this chapter are defined as follows:• "PERS" means the public employees' retirement system.• "SERS" means the school employees' retirement system.• "TRS" means the teachers' retirement system.