Section 41.35.033. Membership—Service credit—Substitute employees—Rules.  


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  • (1) A substitute employee who works five or more months of seventy or more hours for which earnable compensation is paid in a school year may apply to the department to establish membership after the end of the school year during which the work was performed. The application must:
    (a) Include a list of the employers the substitute employee has worked for;
    (b) Include proof of hours worked and compensation earned; and
    (c) Be made prior to retirement.
    (2) Substitute employees who are members may apply to the department to receive service after the end of the last day of instruction of the school year during which the service was performed. The application must:
    (a) Include a list of the employers the substitute employee has worked for;
    (b) Include proof of hours worked and compensation earned; and
    (c) Be made prior to retirement.
    (3) If the department accepts the substitute employee's application for service credit, the substitute employee may obtain service credit by paying the required contribution to the retirement system. The employer must pay the required employer contribution upon notice from the department that the substitute employee has made contributions under this section.
    (4) The department shall charge interest prospectively on employee contributions that are submitted under this section more than six months after the end of the school year, as defined in *RCW 28A.150.040, for which the substitute employee is seeking service credit. The interest rate charged to the employee shall take into account interest lost on employer contributions delayed for more than six months after the end of the school year.
    (5) Each employer shall quarterly notify each substitute employee it has employed during the school year of the number of hours worked by, and the compensation paid to, the substitute employee.
    (6) If a substitute employee, as defined in RCW 41.35.010(38), applies to the department under this section for credit for earnable compensation earned from an employer, the substitute employee must make contributions for all periods of service for that employer.
    (7) The department shall adopt rules implementing this section.
    NOTES:
    *Reviser's note: RCW 28A.150.040 was repealed by 2009 c 548 § 710, effective September 1, 2011.