reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-360 - How is basic salary for LEOFF Plan 2 determined?

Current through Register Vol. 24-14, July 15, 2024
(1)
What payments are included in LEOFF
				Plan 2 basic salary?
Other than the specific exclusions listed in WAC
				415-104-397
				and
				415-104-401,
				a payment that is a salary or wage earned during a calendar month for personal
				services rendered by a member to an employer qualifies as LEOFF Plan 2 basic
				salary.
(a) Certain payments that are not for
				personal services rendered also qualify if there is a specific statutory
				provision identifying those payments as LEOFF Plan 2 basic salary. See WAC
				415-104-373.
(b) Specific types of payments that qualify
				as LEOFF Plan 2 basic salary include, but are not limited to, the payments
				described in WAC
				415-104-363(1)
				and
				415-104-365
				through
				415-104-379.
(c) Other payments not specifically listed
				qualify as basic salary for LEOFF Plan 2 only if those payments are a salary or
				wage for services rendered.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-363 - Deferred wages

Current through Register Vol. 24-14, July 15, 2024
(1)
If
				earned for services rendered, deferred wages are basic salary.
If a
				member earns salary or wages for services rendered during a payroll period but
				defers receipt of payment, those earnings are basic salary for LEOFF Plan II.
				Deferred wages include, but are not limited to:
(a) Member contributions to LEOFF;
(b) Salaries or wages deferred pursuant to
				sections 401(k), 403(b), 414(h), 457, or other similar sections of the United
				States Internal Revenue Code.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-365 - Retroactive basic salary increases are LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
A retroactive salary increase received for a pay period that
				  a member worked is a salary or wage for services rendered and is basic salary
				  for LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-365, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-367 - Cafeteria plans

Current through Register Vol. 24-14, July 15, 2024
Compensation received in any form under the provisions of a
				  "cafeteria plan," "flexible benefits plan," or similar arrangement pursuant to
				  section 125 of the United States Internal Revenue Code is basic salary for
				  LEOFF Plan II if the member has an absolute right to receive cash or deferred
				  payments in lieu of the fringe benefits offered. In such an instance, the
				  fringe benefits are being provided in lieu of cash and are considered basic
				  salary, just as the cash would be. If there is no cash option, the value of the
				  fringe benefit is not a salary or wage and is not basic salary for LEOFF Plan
				  II. See WAC
				  415-104-385.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-367, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-370 - Overtime is included in LEOFF Plan 2 basic salary

Current through Register Vol. 24-14, July 15, 2024
Overtime, additional pay earned for working time in excess of
				  regularly scheduled shift(s), is a salary or wage for services rendered.
				  Overtime payments are considered part of basic salary for LEOFF Plan 2.
				  Overtime includes, but is not limited to:
(1)
Additional pay for working on a
				holiday.
If a member receives an extra payment for working on a
				recognized holiday, the payment is overtime. The employer may make the
				additional payment when the holiday occurs or in a lump sum at some other time.
				In either case, the payment is considered to be basic salary for LEOFF Plan 2.
(a)
What are recognized holidays for
				purposes of holiday leave banks?
Holidays recognized by either the state
				of Washington, the federal government, or formalized by an organization; and
				tied to a specific date. An employer must identify the recognized holidays
				associated with the hours that are added to the holiday leave bank.
(b)
Are personal or floating holidays
				considered recognized holidays for purposes of holiday leave bank cash
				outs?
No. Personal or floating holidays are not tied to a specific date
				and are not considered recognized holidays for the purposes of holiday leave
				bank cash outs.
Examples:
A firefighter works on Christmas day.
				  As compensation for working on a holiday, the firefighter is given the option
				  of taking some other day off with pay or receiving an extra day's pay. If the
				  firefighter opts for the extra day of pay, this payment is overtime and is
				  LEOFF Plan 2 basic salary. If the firefighter opts to take a day off instead,
				  this is paid leave that qualifies as LEOFF Plan 2 basic salary.
Some employers create holiday leave banks for these
				  employees, and it is considered a regular workday if an employee works on the
				  holiday. Later, the employee may use hours from the holiday leave bank to take
				  a day off and/or cash out all or some of the hours in the future. These cashed
				  out days are reportable if the accrued leave was associated with recognized
				  holidays. Report the cash out in the months the holidays occurred.
If the employer does not track the holidays worked, or does
				  not separate out personal or floating holidays from recognized holidays, the
				  employer should use the FIFO (first in, first out) method to report
				  compensation for the holiday bank cash out. Recognized holidays would be
				  accounted for before personal or floating holidays.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-374 - LEOFF Plan 2 part-time leave of absence

Current through Register Vol. 24-14, July 15, 2024
(1)
What are the LEOFF Plan 2 part-time
				leave rules for law enforcement officers?
(a) You must be a current LEOFF Plan 2
law enforcement
member;
(b) Your employer must authorize you to work
				part time and go on an unpaid part-time leave of absence;
(c) While in part-time work/part-time leave
				status, you cannot do any other work for pay for your employer; and
(d) When you return to full-time employment,
				the employment must be with the same employer who granted you the part-time
				leave.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-375 - Salary or wages not attached to a position are LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
A salary or wage for services rendered to an employer is
				  basic salary for LEOFF Plan II regardless of whether the services are attached
				  to a position.
Example:
If an employee receives additional salary based
								upon his or her education, that additional salary is basic salary for LEOFF
								Plan II even if his or her position does not require that level of education.
								The payment of a higher salary based upon educational attainment is part of the
								total compensation for the services provided by the employee.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-375, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-377 - Performance bonuses are LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
Payments you earn for meeting or exceeding performance goals
				  set by your employer are a salary or wage for services rendered and qualify as
				  basic salary for LEOFF Plan II. In order to qualify as basic salary, a
				  performance bonus must be documented in an employer policy or specific
				  agreement between the employer and member prior to earning the bonus.
Example:
An employer offers an annual bonus to a member if
								he or she meets a certain performance goal, i.e., stays accident free for a
								year. If the member meets the goal and is paid the bonus, the bonus would be
								considered basic salary.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-377, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-379 - Shift differential is LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
Additional payments to a member for working swing shift or
				  night shift are a salary or wage for services rendered. Those payments are
				  basic salary for LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-379, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-380 - Disability payments

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				certain circumstances, LEOFF II members are entitled to a disability leave
				supplement for periods of disability leave. See
				RCW
				41.04.500 through
				41.04.550.
(a) Employer contributions to the disability
				leave supplement under
				RCW
				41.04.510(3) are not a
				salary or wage for services rendered and do not qualify as basic salary.
				Although the payments are paid leave, they are specifically excluded from basic
				salary by RCW 41.04.525.
(b) The member paid portion of the disability
				leave supplement is funded through use of the member's accumulated sick or
				vacation leave. This portion of the disability leave supplement is, therefore,
				basic salary, see WAC
				415-104-373. The member will
				receive only partial service credit for the accumulated leave portion of the
				disability leave supplement.
(c) A
				member may apply to receive full service credit for some periods of duty
				disability under
				RCW
				41.26.470(3).
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-383 - Employer taxes and contributions are not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
(1) Any payment by
				a member's employer of the employer portion of taxes imposed by the Federal
				Insurance Contribution Act is not a salary or wage and does not qualify as
				basic salary for LEOFF Plan II.
(2)
				Employer contributions to LEOFF Plan II are not a salary or wage paid to the
				member and do not qualify as basic salary.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-383, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-385 - Fringe benefits are not LEOFF Plan 2 basic salary

Current through Register Vol. 24-14, July 15, 2024
Fringe benefits provided by an employer are not a salary or
				  wage and therefore do not qualify as basic salary for LEOFF Plan 2. Fringe
				  benefits include, but are not limited to:
(1) Employer retirement
				contributions;
(2) Any type of
				insurance such as medical, dental or life insurance; and any employer
				contribution to meet the premium or charge for the insurance; or
(3) Any employer payments into a private fund
				to provide health or welfare benefits for the member (or the member and the
				member's dependents), with the exception of compensation paid pursuant to a
				bona fide cafeteria plan, flexible benefit plan or similar arrangement as
				described in WAC
				415-104-367.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 chapter
					 41.26 RCW. 03-06-042,
					 §
											415-104-385, filed 2/27/03,
					 effective 4/1/03. Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-385, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-387 - Illegal payments are not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
If an employer disburses a payment that the employer does not
				  have legal authority to make, that payment does not qualify as basic salary for
				  LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-387, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-390 - Reimbursements or allowances in lieu of a reimbursement are not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
(1)
Reimbursement.
If an employer reimburses a member for expenses
				incurred in providing services for the employer, the purpose of the payment is
				to pay the member back for out-of-pocket expenses. The payment is not
				compensation. It is not a salary or wage and is not basic salary for LEOFF Plan
				II.
(2)
Allowance.
An
				allowance paid in lieu of a specific reimbursement for expenses a member is
				expected to incur in providing services for the employer is characterized the
				same as a specific reimbursement. The purpose of the payment is to reimburse
				the member for out-of-pocket expenses. The payment is not compensation. It is
				not a salary or wage and does not qualify as basic salary for LEOFF Plan II.
Example:
An employer provides an annual stipend for the
								purchase of a uniform or other clothing required for the performance of a
								members' duties. The payment is a reimbursement for expenses incurred or
								expected to be incurred and is not basic salary for LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-390, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-393 - Standby pay is not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
Payments to a member for time not actually worked when the
				  member must be available to work if the need arises, are not a salary or wage
				  for services rendered. Any such payment does not qualify as basic salary for
				  LEOFF Plan II.
Example:
Some employers provide payments to a member at less
								than the member's regular hourly rate in exchange for the member being
								available to come into work after his or her shift if called, although the
								member may not be called. Such payments, often referred to as "standby pay,"
								are not basic salary for LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-393, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-395 - Termination or retirement bonuses are not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
An additional payment based on notification of a member's
				  intent to terminate or retire is in consideration for the notification of
				  intent to retire or terminate. The payment is not a salary or wage for services
				  rendered and is not basic salary for LEOFF Plan II.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-395, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-397 - Statutorily excluded payments are not LEOFF Plan II basic salary

Current through Register Vol. 24-14, July 15, 2024
Payments authorized by a statute that excludes the payment
				  from the calculation of a public retirement allowance do not qualify as basic
				  salary.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-397, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-401 - Cash outs of accrued leave or other forms of severance pay are not LEOFF Plan 2 basic salary

Current through Register Vol. 24-14, July 15, 2024
(1) A cash out
				from an employer for unused accrued leave is a deferred salary or wage for
				services previously rendered. However, the payment is not basic salary because
				it is specifically excluded from the definition of basic salary for LEOFF Plan
				2 in
				RCW
				41.26.030.
Example 1:
"Kelly" days reduce the number of hours an employee
							 works and are commonly used to minimize the need to pay overtime. A firefighter
							 may accrue eleven "Kelly" days based on the shift schedule of the employee. If
							 used as leave and paid at the normal rate of pay, these are basic salary.
							 However, a cash out of this leave is excluded from the definition of basic
							 salary.
Example 2:
A police officer may receive a personal or
							 "floating" holiday each year. If used as leave and paid at the normal rate of
							 pay, this holiday pay is basic salary. However, a cash out of this leave is
							 excluded from the definition of basic salary.
Example 3:
An administrator may receive a monthly accrual of
							 "executive leave" in lieu of additional salary, in recognition of additional
							 hours of public service such as community meetings, council meetings, and major
							 events. However, a cash out of this leave is excluded from the definition of
							 basic salary.
(2)
Other forms of severance pay are not basic salary.
Any form of
				severance payment received from an employer upon termination is not included as
				basic salary in LEOFF Plan 2 because it is excluded from the statutory
				definition of basic salary.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-401, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-405 - Payments in lieu

Current through Register Vol. 24-14, July 15, 2024
A payment or any other transfer in lieu of an item that does
				  not qualify as basic salary, is not basic salary. The only exception is
				  compensation paid pursuant to bona fide cafeteria plan, flexible benefit plan
				  or similar arrangement as described in WAC
				  415-104-3302.
Statutory Authority:
					 RCW
					 41.50.050 and
					 41.50.055. 97-01-016, §
											415-104-405, filed 12/6/96,
					 effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-450 - How do I designate a beneficiary, and who will receive a distribution if I die before retirement?

Current through Register Vol. 24-14, July 15, 2024
This section applies to Plan 2 members.
(1) You may designate or change a beneficiary
				by submitting a
beneficiary designation form
to the
				department. Your designation will become effective upon the department's
				receipt of the form, only if it is completed properly and signed by you and a
				witness.
(2) You may name one or
				more of the following as a beneficiary or beneficiaries:
(a) An organization or person, including
				unborn or later adopted children. However, unborn or later adopted children
				must be specifically designated as beneficiaries on the form. You must indicate
				the date of birth for any living person you name as a beneficiary.
(b) Your estate.
(c) An existing trust, or a trust to be
				established at a later date or under your last will. If you designate a trust
				that is not in existence at the time of your death, or is not created under
				your last will, the designation will be invalid. Before making distribution to
				any trust the department must receive:
(i) A
				copy of the entire trust document;
(ii) The name, address, telephone number of
				the current trustee; and
(iii) The
				tax identification number.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-455 - Are my spouse and dependent children eligible to have their health care insurance premiums paid for?

Current through Register Vol. 24-14, July 15, 2024
If you are a Plan 2 member and you die in the line of duty,
				  your surviving spouse and/or dependent children may be eligible for PEBB health
				  care insurance and to have their monthly premiums paid for.
(1)
Who can have their health care
				insurance premiums paid for?
To have PEBB health care insurance premiums
				paid for, your beneficiary must:
(a) Be a
				surviving spouse or surviving dependent child, as defined in
				RCW
				41.26.030, of a Plan 2 member who dies in the
				line of duty, as determined by L& I;
(b) Receive a death benefit; and
(c) Be approved for PEBB health care
				insurance.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-475 - How does a firefighter who provides emergency medical services transfer PERS service credit to LEOFF Plan 2?

Current through Register Vol. 24-14, July 15, 2024
(1)
Who may use this section?
You may use this section if you are:
(a) A
				member of PERS Plan 1 or Plan 2 eligible for membership in LEOFF Plan 2 as an
				EMT under RCW 41.26.030;
(b) Currently a LEOFF Plan 2 member who chose
				LEOFF membership after separating from service as an EMT in a PERS Plan 1 or
				Plan 2 eligible position; or
(c)
				Currently a LEOFF Plan 2 member and were formerly employed providing emergency
				medical services in a PERS Plan 1 or Plan 2 eligible position which was
				relocated by your employer to a fire department.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-478 - Am I eligible for a LEOFF Plan 2 disability benefit?

Current through Register Vol. 24-14, July 15, 2024
This section applies to you if you are a LEOFF Plan 2 member
				  who becomes disabled.
Definitions.
As used in this section:
Disabled
- Totally incapacitated to perform the
				  essential functions of his or her LEOFF Plan 2 eligible position.
(1)
Who is entitled to disability
				benefits?
Any member of LEOFF Plan 2 is entitled to disability benefits
				if the department determines the member has:
(a) Become disabled; and
(b) Separated from all LEOFF-eligible
				employment due to the disability.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-479 - Does my LEOFF Plan 2 disability qualify as a line of duty disability?

Current through Register Vol. 24-14, July 15, 2024
This section applies to you if you are a LEOFF Plan 2 member
				  who becomes disabled in the line of duty per
				  RCW
				  41.26.470.
(1)
How is "line of duty"
				defined?
Line of duty means any action or activity occurring in
				conjunction with your employment or your status as a law enforcement officer or
				firefighter and required or authorized by law, rule, regulations, or condition
				of employment or service. "Line of duty" has the same meaning as "course of
				employment" in worker's compensation law, under
				RCW
				51.08.013. If you have multiple conditions,
				some duty-related and some not, you may still qualify for a duty-related
				disability if:
(a) The duty-related condition
				or conditions, standing alone, would render you disabled; or
(b)The duty-related incident or incidents
				were the proximate cause of the disabling condition.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-480 - Does my disability qualify me for a LEOFF Plan 2 catastrophic duty disability benefit?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				department determines you are disabled and you became disabled in the line of
				duty, you qualify for a catastrophic duty disability if:
(a) The disability or disabilities that
				qualified you for a LEOFF Plan 2 duty disability benefit are so severe that
				considering your age, education, work experience, and transferable skills, you
				cannot engage in any other kind of substantial gainful activity in the labor
				market; and
(b) Your disability or
				disabilities have lasted or are expected to last at least 12 months, or are
				expected to result in your death.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-4801 - Medical reimbursement for LEOFF 2 catastrophically disabled members

Current through Register Vol. 24-14, July 15, 2024
(1)
What type of medical premiums are
				available for reimbursement for a LEOFF Plan 2 member who is catastrophically
				disabled in the line of duty?
(a) LEOFF
				Plan 2 members who are catastrophically disabled in the line of duty are
				eligible for reimbursement of medical premiums.
(i) For members who are not eligible for
				medicare, DRS will pay for the member, spouse, state-registered domestic
				partner, and eligible dependents:
(A)
				Employer-provided medical insurance;
(B) Medical insurance offered under the
				federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA);
				or
(C) Other medical premiums,
				which could include vision and dental, not to exceed the COBRA amount. DRS will
				not pay for separate supplemental plans for vision, dental, and
				prescriptions.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-481 - Does my disability qualify as a nonduty LEOFF Plan 2 disability?

Current through Register Vol. 24-14, July 15, 2024
This section applies to you if you are a LEOFF Plan 2 member
				  who becomes disabled not in the line of duty.
(1)
Who is entitled to nonduty
				disability benefits?
Any member of LEOFF Plan 2 who the department
				determines has become totally incapacitated to perform the essential functions
				of his or her LEOFF Plan 2 eligible position as a result of their disability,
				but did not have the qualifying disability occur in the line of duty, is
				entitled to a nonduty disability per
				RCW
				41.26.470(1).
(2)
What if I have a preexisting
				condition or conditions?
The presence of a preexisting condition does
				not disqualify a member from receiving benefits.
Example:
A LEOFF Plan 2 member has asymptomatic
				  congenital osteoarthritis, a degenerative joint disease. While off duty, the
				  member suffered a knee injury. Absent the osteoarthritis, the knee injury may
				  not have been disabling. However, the preexisting degenerative joint disease
				  prevented full recovery from the injury, leaving the member unable to resume
				  LEOFF duties. In this case, the member could qualify for a LEOFF Plan 2 nonduty
				  disability benefit.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-482 - How are the different LEOFF Plan 2 disability benefits calculated?

Current through Register Vol. 24-14, July 15, 2024
(1)
Line of
				duty:
As a line of duty disability retiree, you may choose between:
(a) A nontaxable, one-time lump sum payment
				equal to one hundred fifty percent of your retirement contributions; except
				that, any payments made to restore service credit after the five-year deadline
				will be paid at one hundred percent; or
(b) A monthly disability benefit equal to:
(i) Ten percent of your final average salary
				(FAS), which is nontaxable; and
(ii) Two percent of your FAS for each year of
				service beyond five years.
Calculation of monthly disability
				  benefit:
Example 1:
Chris was approved for line of duty
				  disability. The final average salary (FAS) was $10,000. Chris had 20 years of
				  service credit at the time of retirement. To determine the line of duty
				  disability benefit amount:
Click to view
				  image
Example 2:
Pat was approved for line of duty
				  disability. The final average salary (FAS) was $10,000. Pat had 2 years of
				  service credit at the time of retirement. To determine the line of duty
				  disability benefit amount:
Click to view
				  image
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-483 - Is my disability benefit affected by choosing a survivor option?

Current through Register Vol. 24-14, July 15, 2024
(1) If you choose a
				benefit option with a survivor feature at the time of retirement, your survivor
				beneficiary will receive an ongoing monthly disability benefit after your
				death. Your disability benefit will be actuarially reduced to offset the cost
				of providing payments over two lifetimes. The survivor options are further
				described in WAC
				415-104-215.
				See WAC
				415-02-380
				for more information and examples on how the actuarial reduction is applied to
				your disability benefit.
(2) If
				your retirement status changes due to the acceptance of a new retirement
				application from service retirement to a nonduty, duty or catastrophic
				retirement, or duty to catastrophic retirement, you may select a different
				survivor benefit option. Your benefit will be recalculated to reflect your new
				survivor option.
Example 1: Pat retired with a duty disability retirement
				  benefit with survivor option 3 (50%). Pat's condition worsened. Pat applied for
				  and was granted a catastrophic duty disability retirement. Pat selected
				  survivor option 2 (100%) on the catastrophic application. Pat's catastrophic
				  retirement benefit will be calculated to reflect this survivor option.
Example 2: Pat retired with a duty disability retirement
				  benefit with survivor option 2 (100%) for their spouse. Pat's condition
				  worsened. Pat applied for and was granted a catastrophic duty disability
				  retirement benefit. Pat selected survivor option 1 (no on-going survivor
				  benefit after Pat's death). Pat's spouse will need to agree to this survivor
				  option and the application will need to be notarized.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-484 - Is my disability benefit reduced for early retirement?

Current through Register Vol. 24-14, July 15, 2024
If you retire for line of duty disability or catastrophic
				  duty disability, your disability benefit will not be reduced for early
				  retirement. If you retire for nonduty disability, your disability benefit will
				  be actuarially reduced to reflect the difference in age at the time of
				  disability retirement and age fifty-three. See WAC
				  415-02-320
				  for more information and examples on how the actuarial reduction is applied to
				  your disability benefit.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-485 - How do I apply for a disability benefit?

Current through Register Vol. 24-14, July 15, 2024
(1) The department must receive:
(a) A completed DRS disability retirement
				application;
(b) Additional
				information required by the department; and
(c) Any other material you want the
				department to consider.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-486 - When does my disability benefit end?

Current through Register Vol. 24-14, July 15, 2024
The department may require comprehensive medical or
				  psychological examinations to reevaluate your continued eligibility for
				  disability benefits. For catastrophic benefits the department may also require
				  or offer to provide comprehensive vocational examinations and/or submission of
				  earnings information to evaluate your continued eligibility. You are required
				  to contact the department if your medical/vocational or financial situation
				  changes.
(1) Your duty or nonduty
				disability benefit will cease if:
(a) You
				return to work in a LEOFF-eligible position; or
(b) Medical examination reveals that you are
				no longer totally incapacitated for employment in a LEOFF-eligible position and
				you are no longer entitled to workers' compensation benefits under Title 51
				RCW.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-487 - Can my disability retirement type change?

Current through Register Vol. 24-14, July 15, 2024
Your disability retirement type may change depending upon
				  the circumstances.
If your original disabling condition or conditions worsen,
				  improve, or recover, the department may adjust your benefit.
(1) Worsening - If the condition or
				conditions that caused your duty disability worsen, your retirement may be
				changed to a catastrophic disability. You must submit an application and
				provide sufficient medical evidence to support a claim that your condition or
				conditions qualify you for a catastrophic disability. The worsening must be
				caused by or directly related to the original injury or injuries or illness and
				not due to the natural aging process or a succeeding cause.
Example:
A member retires on a duty-related
				  disability retirement due to a knee injury. The member has surgery related to
				  the knee injury after retirement and suffers side effects from the surgery that
				  prevent the member from performing any substantial gainful employment. The
				  member is eligible to have their benefit adjusted because the aggravation is
				  directly related to the original injury.
Example:
A member retires on a duty-related
				  disability retirement due to a knee injury. The member reinjures the knee in a
				  skiing accident and is rendered unable to perform any substantial gainful
				  employment. The member is not eligible to have their benefit adjusted because
				  the aggravation is the result of a succeeding cause and not the original
				  injury.
Example:
A member retires on a duty-related
				  disability retirement due to a knee injury. The condition gradually worsens
				  over time until the member is no longer capable of substantial gainful
				  employment. The member is not eligible to have their benefit adjusted because
				  the aggravation is due to aging.
(2) Improvement - If your condition or
				conditions improve such that you are capable of substantial gainful employment,
				the department will adjust your catastrophic disability benefit to a duty
				disability benefit.
(3) Recovery -
				If your condition or conditions improve such that you are able to return to
				work in a LEOFF-eligible position, the department will terminate your
				disability retirement or convert you to a normal retirement benefit if you are
				eligible.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › LEOFF PLAN 2 › Section 415-104-490 - Death or disability while performing nonduty emergency management service

Current through Register Vol. 24-14, July 15, 2024
(1)
If I
				die or become disabled while performing nonduty emergency management service,
				will I or my survivors be eligible for LEOFF benefits?
As a LEOFF Plan 2
				member, you or your survivors may be eligible for nonduty disability or death
				benefits if you become disabled or die while you are performing nonduty
				emergency management service.
(2)
What are the criteria for
				eligibility?
To be eligible for benefits under this section, you must
				meet all of the following criteria:
(a) You
				must be determined by DRS to be eligible for disability benefits as described
				in RCW
				41.26.470 and WAC
				415-104-485, or death benefits as
				described in
				RCW
				41.26.510.
(b) You must have "left the employ of an
				employer" to "perform service" as both of those terms are defined in WAC
				415-104-011. You will need to
				show evidence, such as a DD214, proof of leave status from your LEOFF employer,
				orders, or other relevant sources of information.
(c) Your disability or death must have
				resulted from conditions or events that occurred while you were performing the
				service described in (b) of this subsection, on or after March 22,
				2014.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-500 - LEOFF Plan 1 minimum medical and health standards

Current through Register Vol. 24-14, July 15, 2024
The minimum medical and health standards previously codified
				  in WAC
				  415-104-510
				  through
				  415-104-755
				  are not currently necessary for administration of the plans and are hereby
				  repealed.
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-500, filed 2/15/78.
					 Formerly WAC 297-50-010.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-510 - Minimum standards for membership - Physical examination

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.50.090 and 41.26.051. 84-03-047
					 (Order V), §
											415-104-510, filed 1/18/84.
					 Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-510, filed 2/15/78.
					 Formerly WAC 297-50-020.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-520 - Abdomen and gastrointestinal system

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-520, filed 2/15/78.
					 Formerly WAC 297-50-030.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-530 - Blood and blood-forming tissue diseases

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-530, filed 2/15/78.
					 Formerly WAC 297-50-040.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-540 - Dental

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-540, filed 2/15/78.
					 Formerly WAC 297-50-050.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-550 - Ears

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-550, filed 2/15/78.
					 Formerly WAC 297-50-060.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-555 - Hearing

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-555, filed
					 2/15/78.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-560 - Table 1 - Table of acceptable audiometric hearing level

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-560, filed 2/15/78.
					 Formerly WAC 297-50-070.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-570 - Endocrine and metabolic disorders

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-570, filed 2/15/78.
					 Formerly WAC 297-50-080.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-580 - Upper extremities

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-580, filed 2/15/78.
					 Formerly WAC 297-50-090.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-584 - Lower extremities

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-584, filed 2/15/78.
					 Formerly WAC 297-50-090.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-588 - Miscellaneous extremities

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-588, filed 2/15/78.
					 Formerly WAC 297-50-090.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-590 - Eyes

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-590, filed 2/15/78.
					 Formerly WAC 297-50-100.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-595 - Vision

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-595, filed 2/15/78.
					 Formerly WAC 297-50-100.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-600 - Genitalia

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-600, filed 2/15/78.
					 Formerly WAC 297-50-110.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-605 - Urinary system

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-605, filed 2/15/78.
					 Formerly WAC 297-50-110.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-610 - Head

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-610, filed 2/15/78.
					 Formerly WAC 297-50-120.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-615 - Neck

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-615, filed 2/15/78.
					 Formerly WAC 297-50-120.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-620 - Heart

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-620, filed 2/15/78.
					 Formerly WAC 297-50-130.