Washington Code 41.40.748 – Commercial vehicle enforcement officers — Limited optional transfer to Washington state patrol retirement system
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(1) Active members of the Washington state patrol retirement system who have previously established service credit in the public employees’ retirement system plan 2 while employed in the state patrol as a commercial vehicle enforcement officer, and who became a commissioned officer after July 1, 2000, and prior to June 30, 2001, have the following options:
Terms Used In Washington Code 41.40.748
- Accumulated contributions: means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41. See Washington Code 41.40.010
- Department: means the department of retirement systems created in chapter 41. See Washington Code 41.40.010
- Director: means the director of the department. See Washington Code 41.40.010
- employed: means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. See Washington Code 41.40.010
- Member: means any employee included in the membership of the retirement system, as provided for in RCW 41. See Washington Code 41.40.010
- Retirement: means withdrawal from active service with a retirement allowance as provided by this chapter. See Washington Code 41.40.010
- Retirement system: means the public employees' retirement system provided for in this chapter. See Washington Code 41.40.010
(a) Remain a member of the public employees’ retirement system; or
(b) Transfer service credit earned under the retirement system as a commercial vehicle enforcement officer to the Washington state patrol retirement system by making an irrevocable choice filed in writing with the department of retirement systems within one year of the department’s announcement of the ability to make such a transfer.
(2)(a) Any commissioned officer choosing to transfer under this section shall have transferred from the retirement system to the Washington state patrol retirement system:
(i) All the employee’s applicable accumulated contributions plus interest, and an equal amount of employer contributions attributed to such employee; and
(ii) All applicable months of service as a commercial vehicle enforcement officer credited to the employee under this chapter as though that service was rendered as a member of the Washington state patrol retirement system.
(b) For the applicable period of service, the employee shall pay:
(i) The difference between the contributions the employee paid to the retirement system, and the contributions which would have been paid by the employee had the employee been a member of the Washington state patrol retirement system, plus interest as determined by the director. This payment shall be made no later than December 31, 2010, or the date of retirement, whichever comes first;
(ii) The difference between the employer contributions paid to the public employees’ retirement system, and the employer contributions which would have been payable to the Washington state patrol retirement system; and
(iii) An amount sufficient to ensure that the funding status of the Washington state patrol retirement system will not change due to this transfer.
(c) If the payment required by this subsection is not paid in full by the deadline, the transferred service credit shall not be used to determine eligibility for benefits nor to calculate benefits under the Washington state patrol retirement system. In such case, the employee’s accumulated contributions plus interest transferred under this subsection, and any payments made under this subsection, shall be refunded to the employee. The employer shall be entitled to a credit for the employer contributions transferred under this subsection.
(d) An individual who transfers service credit and contributions under this subsection is permanently excluded from the public employees’ retirement system for all service as a commercial vehicle enforcement officer.