(1) Effective September 1, 2000, the membership of all plan 2 members currently employed in eligible positions in a school district or educational service district and all plan 2 service credit for such members, is transferred to the Washington school employees’ retirement system plan 2. Plan 2 members who have withdrawn their member contributions for prior plan 2 service may restore contributions and service credit to the Washington school employees’ retirement system plan 2 as provided under RCW 41.40.740.

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

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

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

(2)(a) The membership and previous service credit of a plan 2 member not employed in an eligible position on September 1, 2000, will be transferred to the Washington school employees’ retirement system plan 2 when he or she becomes employed in an eligible position prior to August 1, 2009. Plan 2 members not employed in an eligible position on September 1, 2000, who have withdrawn their member contributions for prior plan 2 service may restore contributions and service credit to the Washington school employees’ retirement system plan 2 as provided under RCW 41.40.740, if they first establish eligibility in the Washington school employees’ retirement system plan 2 prior to August 1, 2009.

(b) The membership and previous service credit of a plan 2 member last employed by a school district or educational service district and retired prior to September 1, 2000, will be transferred to the Washington school employees’ retirement system plan 2 if the member opts to reestablish membership prior to August 1, 2009.

(3) Members who restore contributions and service credit under subsection (1) or (2) of this section shall have their contributions and service credit transferred to the Washington school employees’ retirement system.

(4) From September 1, 2009, through November 30, 2009, upon written request to the department, active and inactive members transferred under subsection (2) of this section who did not establish membership and earn service credit for employment with a school district or educational service district prior to the transfer, and who have not transferred to plan 3 of the Washington school employees’ retirement system or plan 3 of the public employees’ retirement system, may restore their transferred membership and previous service credit to plan 2. All previously transferred contributions and interest, and additional interest as determined by the department, shall be returned to plan 2. An additional amount shall be transferred from the Washington school employees’ retirement system sufficient to offset the liabilities returned to plan 2 under this subsection, as determined by the state actuary.

Effective dates—2001 2nd sp.s. c 10: See note following RCW 41.40.037.

Effective date—1998 c 341: See RCW 41.35.901.