reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-215 - Are salary increases based on longevity or educational attainment considered reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Most employees receive a base rate of salary or wages
				  expressed as an hourly or monthly rate of pay. This payment is for services you
				  provide and qualifies as reportable compensation. Your rate of salary may be
				  based in part on longevity or educational attainment.
(1) A member who receives a salary increase
				based upon longevity or educational attainment receives a higher salary without
				working more hours. The higher salary indicates a higher level of service due
				to greater experience or more education.
(2) Simply attaching the label "longevity" to
				a payment does not guarantee that it will be reportable compensation. If a
				payment described as a longevity payment is actually based upon some other
				criteria, such as retirement or notification of intent to retire, the payment
				may not be reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-215, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-220 - Are overtime payments reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Overtime is additional pay you earn for working time in
				  excess of your regularly scheduled shift, and is reportable compensation. Some
				  examples of overtime are:
(1)
Additional pay for working on a holiday.
If you receive an extra
				payment for working on a scheduled holiday, the payment is overtime. Your
				employer may make the additional payment when the holiday occurs or in a lump
				sum at some other time.
Example:
Bill works on Christmas day. He is given the option
								of taking another day off with pay or receiving an extra day's pay. If he opts
								for the extra pay, the payment is overtime and is reportable compensation. If
								he takes another day off in lieu of the extra pay, it is paid leave and also
								qualifies as reportable compensation.
(2)
Callback pay.
If your employer offers you a special rate of pay
				for returning to work when called after the end of your regular shift, it is
				overtime.
(3)
Court
				pay.
If you receive an additional payment for appearing in court or
				performing other duties outside your regularly scheduled shift, it is
				overtime.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-220, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-225 - Is standby pay reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Standby means you are required by your employer to be
				  prepared to report immediately for work if the need arises, although the need
				  may not arise. According to
				  RCW
				  41.37.010:
(1) The pay you receive for being on standby
				qualifies as report-able compensation; however
(2) The time you spend on standby is not
				counted toward service credit and is not reported to the department by your
				employer.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-225, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-230 - Is performance pay reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Performance pay for meeting certain performance goals is
				  reportable compensation because it is paid for services provided. Employers
				  must document the dates over which the performance pay is earned, and provide
				  that information if requested by the department.
Example:
An employer offers each employee in a work group an
								additional $100 if the work group has no work-related accidents during the
								upcoming year. Remaining accident free is a performance goal. Therefore the
								payment will be for services provided and will qualify as reportable
								compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-230, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-235 - Is a retirement bonus or incentive reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
A payment made as a bonus or incentive to retire is not a
				  payment for services provided, and is not reportable compensation.
Example:
A collective bargaining agreement authorizes a city
								to pay employees a higher salary during the last two years of employment if the
								employee gives written notice of intent to retire or terminate. Because the
								payment is in exchange for the agreement to retire or terminate and not for
								services, the payment is not reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-235, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-240 - Are payments for reinstatement or payment instead of reinstatement reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Payments you receive upon reinstatement or instead of reinstatement are
				reportable compensation to the extent they are equivalent to the salary you
				would have earned by working in your position.
				RCW
				41.37.010 defines these payments as
				reportable compensation even though they are not payments for services you
				provided to your employer. The payment will be prorated over the entire period
				you were suspended, terminated, or otherwise absent from work.
(2) For purposes of this section,
				"reinstatement" means that you are entitled to return to full employment rights
				by action of either:
(a) The employer;
				or
(b) A personnel board, personnel
				appeals board or court of law.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-245 - Are retroactive salary increases reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
A retroactive salary increase occurs when your rate of pay is
				  increased and made retroactive to a prior date. You receive a lump sum payment
				  to cover the increase earned during the earlier period.
(1) To qualify as reportable compensation
				under this section, the retroactive salary increase must be made pursuant to:
(a) An order or conciliation agreement of a
				court or administrative agency charged with enforcing federal, state, or local
				statutes, ordinances, or regulations protecting employment rights;
(b) A bona fide settlement of a claim before
				a court or administrative agency for a retroactive salary increase;
(c) A collective bargaining agreement;
				or
(d) Action by a personnel
				resources board which expressly states the payments are retroactive.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-250 - Is severance pay reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Severance pay, whether or not it is earned over time, is not
				  reportable compensation. See
				  RCW
				  41.37.010.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-250, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-255 - Is sick leave or vacation leave, whether used or cashed out, reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
(1)
Sick and annual leave (used).
Most PSERS members earn a certain
				number of sick leave and annual leave hours per month. These leave hours are
				earned by providing service during the month in which the leave accrues. The
				payment you receive when you use an earned leave day is reportable
				compensation.
(2)
Sick and
				annual leave cash outs.
Under
				RCW
				41.37.010, sick and annual leave cash outs
				are not reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-255, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-260 - Is paid leave, which is not earned over time, reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
To the extent authorized by
				  RCW
				  41.37.260, payment you receive from your
				  employer while on an authorized paid leave of absence is reportable
				  compensation provided that:
(1) The
				payment does not exceed the salary for the position from which you are on
				leave; and
(2) The payment is
				received from the employer, not from a third party. Except as provided in WAC
				415-106-265, if you receive the
				payment from your employer, but your employer is reimbursed for the payment by
				a third party, the payment is not reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.260. 08-02-046, §
											415-106-260, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-265 - Is the pay I receive from my employer when I am on union leave reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
If you take an authorized leave of absence to serve as an
				  elected official of a labor organization and you receive payment from your
				  employer during your leave, the payment may be reportable compensation even if
				  the union reimburses your employer. To qualify as reportable compensation, the
				  payment must meet the specific conditions of
				  RCW
				  41.37.260(2).
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.260. 08-02-046, §
											415-106-265, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-270 - Is compensation for periods of absence due to sickness or injury reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Compensation you receive for periods of absence due to
				  sickness or injury, which is not covered by earned sick leave, qualifies as
				  reportable compensation only as authorized by
				  RCW
				  41.37.010 and this section.
(1)
Assault pay
qualifies as
				reportable compensation to the extent authorized by
				RCW
				27.04.100,
				72.01.045,
				and
				72.09.240.
(2)
Duty disability.
You may
				make contributions and receive up to 12 consecutive months of service credit
				for periods of disability covered by Title 51 RCW or similar federal workers'
				compensation program as provided in
				RCW
				41.37.060. In this case, the compensation you
				would have received but for the disability qualifies as re-portable
				compensation to the extent authorized by
				RCW
				41.37.060.
(3)
Shared leave.
(a) If you are a state employee, as defined
				in
				RCW
				41.04.655, the compensation you receive due
				to participation in a leave-sharing program qualifies as reportable
				compensation to the extent authorized by
				RCW
				41.04.650 through
				41.04.670.
(b) If you are not a state employee, shared
				leave payments are not specifically authorized by
				RCW
				41.37.010 and do not qualify as reportable
				compensation.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-275 - Are disability insurance or workers' compensation payments reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Disability insurance payments are not reportable compensation, whether the
				payments come directly from your employer or from an insurance
				company.
(2) Workers' compensation
				payments are not reportable compensation.
Example:
Susan, an employee on unpaid disability leave,
								submits her workers' compensation payments to her employer. The employer then
								issues Susan a check for the same amount through the payroll system. Even
								though the payment may have the appearance of compensation from the employer,
								it is not a payment for services provided and is not reportable
								compensation.
(3)
				See WAC 415-106-270 for information about
				service credit and imputed compensation for periods of duty
				disability.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-275, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-280 - Will the compensation that is imputed to periods of unpaid leave be used in the calculation of my AFC?

Current through Register Vol. 24-14, July 15, 2024
(1)
Authorized unpaid leave.
If
				you establish service credit under
				RCW
				41.37.260 for periods of unpaid leave, the
				compensation imputed to the period of time you are on leave will not be
				included in your AFC. See WAC
				415-02-175.
(2)
Military leave.
If you
				purchase service credit for a period of interruptive military service and that
				period falls in your AFC period, federal law entitles you to have the salary
				you would have earned during that time period used in the calculation of your
				AFC.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.260. 08-02-046, §
											415-106-280, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-285 - Is the pay I receive while on legislative leave reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
If you take leave without pay from an eligible PSERS position
				  to serve in the legislature, you may elect to participate in PSERS as a
				  legislator.
For any year in which you serve in the legislature, you may
				  choose that your reportable compensation be either:
(1) The reportable compensation you would
				have earned had you not served in the legislature; or
(2) The compensation you actually received
				for nonlegislative public employment and the legislative service combined.
If you choose the option in subsection (1) of this section,
				  you must pay the additional employer and employee contributions to the extent
				  the compensation reported is higher than it would have been under subsection
				  (2) of this section.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-285, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-290 - Is compensation applied toward cafeteria plans reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Compensation you receive and apply toward a benefit plan
				  under Internal Revenue Code (IRC) section 125 is reportable compensation if you
				  have an absolute right to receive cash or deferred cash payments instead of
				  participating in the plan. If there is no cash option, the value of
				  participating in the plan is not reportable compensation. See WAC
				  415-106-295.
Statutory Authority:
					 RCW
					 41.50.050(5), chapter 41.37
					 RCW and IRS regulations. 08-02-046, §
											415-106-290, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-295 - Are fringe benefits reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Fringe benefits provided by an employer are not a salary or
				  wage, and are not reportable compensation. 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; and
(3) Any employer payments into a private fund
				to provide health or welfare benefits for you or your dependents, with the
				exception of compensation paid pursuant to a bona fide cafeteria plan, flexible
				benefit plan or similar arrangement as described in WAC
				415-106-290.
Statutory Authority:
					 RCW
					 41.50.050(5), chapter 41.37
					 RCW and IRS regulations. 08-02-046, §
											415-106-295, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-300 - Are payroll deductions reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Amounts withheld from your salary or wages are reportable
				  compensation. Examples include:
(1)
				Your member contributions to PSERS. Your employer's contributions are a fringe
				benefit and are not reportable compensation. See WAC
				415-106-295.
(2) Amounts withheld for federal income tax
				purposes; and
(3) Other authorized
				voluntary deductions, such as deferred compensation or IRC section 457 plan
				contributions.
Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.37.010(6) and
					 IRS regulations. 08-02-046, §
											415-106-300, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-305 - Are payments, which are outside my employer's legal authority, reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Payments made by an employer that go beyond the employer's
				  legal authority are not reportable.
Statutory Authority:
					 RCW
					 41.50.050(5). 08-02-046,
					 §
											415-106-305, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-310 - Are optional payments reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
If you receive an additional payment only on the condition of
				  taking an action other than providing service to your employer, the payment is
				  not reportable compensation.
Example:
An employer offers to make a contribution to Joe's
								deferred compensation plan only if Joe agrees to have a portion of his salary
								deferred. Because Joe does not have a right to receive the contribution based
								solely on providing service, the payment is not reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5). 08-02-046,
					 §
											415-106-310, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-315 - Are nonmoney payments from my employer reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Nonmoney compensation is compensation legally provided to you
				  in a form other than money. Examples include: Living quarters, food, board,
				  equipment, clothing, laundry, transportation, fuel and utilities. The value of
				  nonmoney maintenance compensation you receive from your employer is not
				  reportable compensation.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-315, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-320 - Are reimbursements for business expenses reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Reimbursements are not reportable compensation. Typical
				  reimbursement payments include mileage reimbursements for use of a private car
				  on employer business, or meal and lodging reimbursements for business
				  trips.
Statutory Authority:
					 RCW
					 41.50.050(5). 08-02-046,
					 §
											415-106-320, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-325 - Vehicles - Is the value of my use of an employer's vehicle reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
The value of an employer-provided vehicle is not reportable
				  compensation.
Statutory Authority:
					 RCW
					 41.50.050(5). 08-02-046,
					 §
											415-106-325, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-330 - Are vehicle allowances reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) A
				vehicle allowance is not reportable compensation if it is received in lieu of
				expenses you incur or expect to incur in using your own vehicle for business
				purposes.
(b) A vehicle allowance
				qualifies as reportable compensation to the extent that it exceeds your actual
				expenses. For instance, if you receive both a vehicle allowance and separate
				reimbursements for vehicle expenses each time you use a privately owned vehicle
				for business purposes, the vehicle allowance is reportable
				compensation.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › ELECTED AND APPOINTED OFFICIALS › Section 415-106-400 - If I establish PSERS membership and now hold a state elective position, may I continue to accrue service credit in PSERS?

Current through Register Vol. 24-14, July 15, 2024
If you are an active PSERS member and are elected or
				  appointed by the governor to a state elective position, you have the option to
				  continue as a contributing member of PSERS, as limited by the requirements in
				  this section.
(1) You must submit a
				written application directly to the department.
(2) If you submit your application before
				your service in a state elective position starts:
(a) Your employee contributions will be
				deducted from your compensation for your elective service.
(b) Except as provided in WAC
				415-106-285, your employer(s)
				will pay the required employer contributions.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › ELECTED AND APPOINTED OFFICIALS › Section 415-106-401 - If I hold a state elective position before establishing PSERS membership, may I establish service credit for my prior service in the state elective position?

Current through Register Vol. 24-14, July 15, 2024
If you held a state elective position before you established
				  PSERS membership, you have the option to establish service credit for the time
				  you served in the state elective position as limited by the following
				  requirements:
(1) You must be an
				active PSERS member at the time you submit your application.
(2) The term of office must have begun on or
				after July 1, 2006.
(3) You must
				submit a written application directly to the department.
(4) You must pay the required employee and
				employer contributions for the service credit with interest as determined by
				the department. Your former employer, at its discretion, may pay the employer
				contributions plus interest.
(5)
				You must establish service credit for a full term of office. You may not
				establish service for only a portion of your term in office. However, if you
				served multiple terms, you are not required to establish service credit for all
				of the terms served.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.020(2).
					 08-02-046, §
											415-106-401, filed 12/27/07,
					 effective 1/27/08.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › ELECTED AND APPOINTED OFFICIALS › Section 415-106-405 - May I retire from PSERS while holding a state elective position?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				holding a state elective position and accruing PSERS service credit for your
				service in that position, you may retire from PSERS and continue to work in
				your elective position provided:
(a) You are
				eligible to retire under
				RCW
				41.37.210;
(b) You submit a written statement to the
				department, waiving the right to earn PSERS service credit for any future
				period of service in a state elective position; and
(c) Your compensation in the state elective
				position is fifteen thousand dollars or less per year, adjusted annually for
				inflation by the director. See subsection (2) of this section.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › ELECTED AND APPOINTED OFFICIALS › Section 415-106-490 - How are the PSERS disability benefits administered?

Current through Register Vol. 24-14, July 15, 2024
This section applies to you if you are a PSERS member who
				  becomes disabled.
This section covers disability benefits in RCW  41.37.230.
				  Disability provisions are designed primarily to provide an income to members
				  who have been forced to leave the workforce because of an incapacitating
				  disability. This section applies equally to on-or-off-the-job injuries and/or
				  illnesses.
Members may also be eligible for benefits from the Washington
				  state departments of labor and industries (workers' compensation benefits) and
				  social and health services, the U.S. Social Security Administration, employers,
				  disability insurers, and others. Please contact these organizations directly
				  for more information.
Definitions.
As used in this section:
Disabled
- A person who is totally incapacitated
				  to perform the essential functions of their PSERS eligible position.
(1)
How do I apply for a disability
				benefit?
(a) You or your representative
				must contact the department to request an application. The three-part
				application must be completed by the proper persons and returned to the
				department.
(b) The department must
				receive:
(i) A completed disability retirement
				application. When the department receives Part 1 of your application, you are
				considered to be an applicant for disability benefits. However, your
				eligibility will not be determined until the department receives all three
				parts of the application;
(ii)
				Additional information required by the department; and
(iii) Any other material you want the
				department to consider.
(c) The process for determining eligibility
				for a disability benefit can be lengthy and may require additional
				documentation to complete.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › DISABILITY BENEFITS › Section 415-106-500 - PSERS disability benefit

Current through Register Vol. 24-14, July 15, 2024
(1)
Am I
				eligible for a PSERS disability benefit?
You are eligible for a
				disability benefit if, at the time of your separation from employment, you are
				totally incapacitated to perform the duties of your job or any other PSERS
				position for which you are qualified by training or experience. Objective
				medical evidence is required to establish total incapacitation. Vocational
				and/or occupational evidence may be required at the discretion of the
				department.
(2)
If eligible,
				what will I receive as a monthly disability allowance?
(a) If you have at least 10 years of service
				credit in PSERS, you will receive a monthly allowance equal to two percent of
				your AFC times your service credit years, permanently actuarially reduced to
				reflect the difference in the number of years between your age when you
				separate for disability and age
60.
Your monthly allowance may be
				further reduced to offset the cost of the benefit option you choose. See WAC
				415-106-600.
(b) If you have less
				than 10 years of service credit, you will receive a monthly
				allowance1 equal to two percent of your AFC times
				your service credit years, permanently actuarially reduced to reflect the
				difference in the number of years between your age when you separate for
				disability and age
65.
Your monthly allowance may be further
				reduced to offset the cost of the benefit option you choose. See WAC
				415-106-600.
1
You may choose to receive
				  a lump sum payment instead of a monthly allowance if your initial monthly
				  allowance will be less than $50. See RCW  41.37.200.
See WAC 415-02-320 for early retirement factors and
				  examples.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › DISABILITY BENEFITS › Section 415-106-510 - Does my disability qualify me for a PSERS 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 PSERS 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 415-106 - Public safety employees' retirement system › DISABILITY BENEFITS › Section 415-106-530 - 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
				415-106-600. See WAC 415-02-380 for more information and examples on how the
				actuarial reduction is applied for a survivor benefit.
(2) If your retirement status changes due to
				the department's acceptance of a new retirement application from service
				retirement to a disability retirement or catastrophic duty disability
				retirement, or a disability retirement to a catastrophic duty disability
				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 disability retirement benefit
				  with survivor option three (50%). Pat's condition worsened. Pat applied for and
				  was granted a catastrophic duty disability retirement. Pat selected survivor
				  option two (100%) on the catastrophic application. Pat's catastrophic duty
				  disability retirement benefit will be calculated to reflect this survivor
				  option.
Example 2: Pat retired with a disability retirement benefit
				  with survivor option two (100%) for their spouse. Pat's condition worsened. Pat
				  applied for and was granted a catastrophic duty disability retirement benefit.
				  Pat selected survivor option one (no ongoing 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 415-106 - Public safety employees' retirement system › DISABILITY BENEFITS › Section 415-106-550 - 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 duty disability 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 disability benefit will cease if:
(a) You return to work in a PSERS-eligible
				position; or
(b) Medical
				examination reveals you are no longer totally incapacitated for employment in a
				PSERS-eligible position.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › DISABILITY BENEFITS › Section 415-106-560 - 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 you recover, the department may adjust your benefit.
(1) Worsening - If the condition or
				conditions that caused your disability worsen, your retirement may be changed
				to a catastrophic duty disability. The timing of this change is dependent on
				medical determination dates. You must submit an application and provide
				sufficient medical evidence to support a claim that your condition or
				conditions qualify you for a catastrophic duty 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 1: A member retires on a 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 2: A member retires on a 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 3: A member retires on a 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 duty
				disability benefit to a disability benefit.
(3) Recovery - If your condition or
				conditions improve such that you are able to return to work in a PSERS-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 415-106 - Public safety employees' retirement system › RETIREMENT › Section 415-106-600 - What are my retirement benefit options?

Current through Register Vol. 24-14, July 15, 2024
Upon retirement for service under RCW  41.37.210 or retirement
				  for disability under RCW  41.37.230, you must choose to have your retirement
				  benefit paid to you by one of the options described in this section.
(1)
Which option will pay my
				beneficiary a monthly benefit after my death?
Options described in
				subsection (2)(b) through (d) of this section will pay a monthly benefit to
				your survivor after your death. The person you name at the time of retirement
				to receive a monthly benefit after your death is referred to as your "survivor
				beneficiary." After your death, your survivor beneficiary will receive a
				monthly benefit for the duration of their life. Your monthly retirement benefit
				will be reduced to offset the cost of the survivor option. See WAC 415-02-380 for more information on how your monthly benefit will be affected if you choose
				a survivor option.
(2)
What
				are my benefit options?
(a)
Option one: Standard benefit (nonsurvivor option).
The department
				will pay you a monthly retirement benefit throughout your lifetime. Your
				monthly benefit will cease upon your death.
(b)
Option two: Joint and 100 percent
				survivor benefit.
The department will pay you a reduced monthly
				retirement benefit throughout your lifetime. After your death, your survivor
				beneficiary will receive a gross monthly benefit equal to your gross monthly
				benefit.
(c)
Option three:
				Joint and 50 percent survivor benefit.
The department will pay you a
				reduced monthly retirement benefit throughout your lifetime. After your death,
				your survivor beneficiary will receive a gross monthly benefit equal to 50
				percent of your gross monthly benefit.
(d)
Option four: Joint and two-thirds
				survivor benefit.
The department will pay you a reduced monthly
				retirement benefit throughout your lifetime. After your death, your survivor
				beneficiary will receive a gross monthly benefit equal to two-thirds (66.667%)
				of your gross monthly benefit.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › RETIREMENT › Section 415-106-610 - How do I apply for retirement benefits?

Current through Register Vol. 24-14, July 15, 2024
You should apply for retirement benefits at least thirty days
				  before your intended retirement date. You can apply online at the department's
				  website or by submitting to the department:
(1) A completed and signed retirement
				application, verified by notarization or other means acceptable to the
				department, including:
(a) Your selection of
				one of the benefit options described in WAC
				415-106-600.
(b) Designation of a survivor beneficiary if
				you selected a benefit option with a survivor feature.
(c) If you are married, your spouse's consent
				may be required as described in WAC
				415-106-600.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › RETIREMENT › Section 415-106-620 - How does the department calculate my retirement allowance?

Current through Register Vol. 24-14, July 15, 2024
(1) When you apply
				for retirement, you will first receive a provisional retirement allowance.
(a) The department will calculate the
				provisional allowance based on:
(i) The data
				for service credit and reportable compensation in the department's system at
				the time it is calculated; and
(ii)
				Projections of your salary for periods that have not yet been reported by your
				employer.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › POSTRETIREMENT EMPLOYMENT › Section 415-106-700 - What are the return to work rules for PSERS?

Current through Register Vol. 24-14, July 15, 2024
(1)
How soon can I return to work after
				I retire without impacting my PSERS retirement benefit?
You may begin
				working immediately after you retire without impacting your PSERS retirement
				benefit if:
(a) You go to work for a private
				employer;
(b) You are an
				independent contractor as defined in WAC
				415-02-110;
(c) Your only employment is as an elected
				official and you are not a PERS member; or
(d) You work in an ineligible
				position.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › POSTRETIREMENT EMPLOYMENT › Section 415-106-710 - How does the department calculate my retirement allowance if I reenter PSERS membership and then reretire?

Current through Register Vol. 24-14, July 15, 2024
If you return to work in an eligible PSERS position, you have
				  the option of reentering membership. If you reenter membership, your retirement
				  allowance will be calculated according to this section when you
				  reretire.
(1)
If you previously
				retired before age sixty, the department will:
(a) Calculate your retirement allowance
				pursuant to
				RCW
				41.37.190 using:
(i) Your total years of career service,
				including service earned prior to your initial retirement and service earned
				after reentering membership; and
(ii) Any increase in your AFC resulting from
				your reentry into membership; and
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › POSTRETIREMENT EMPLOYMENT › Section 415-106-725 - If I have retired from another retirement system or am eligible to retire, am I excluded from participating in PSERS?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have from another retirement
				system authorized by the laws of this state, you cannot participate in PSERS
				membership unless:
(a) You accrued less than
				fifteen years of service credit in the other retirement system; or
(b) You are a LEOFF Plan 2 retiree returning
				to work in a PSERS eligible position and choose to participate in PSERS
				membership. See WAC
				415-104-111.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › POSTRETIREMENT EMPLOYMENT › Section 415-106-900 - 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
(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 415-108 - Public employees' retirement system › DEFINITIONS › Section 415-108-010 - Definitions in the public employees' retirement system

Current through Register Vol. 24-14, July 15, 2024
All definitions in
				  RCW
				  41.40.010 and WAC
				  415-02-030 apply to
				  terms used in this chapter. Other terms relevant to the administration of
				  chapter 41.40 RCW are defined in this chapter.
(1)
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 from 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.
(2)
Level of union organization
means a union or a lodge or division of a union.
(3)
Normally
as used in the
				definition of eligible position under
				RCW
				41.40.010 means a position is eligible if it
				is expected to require at least five months of seventy or more hours of
				compensated service each month during each of two consecutive years. Once a
				position is determined to be eligible, it will continue to be eligible if it
				requires at least five months of seventy or more hours of compensated service
				during at least one year in any two-year period.
(4)
Project position
means a
				position, established by an employer, which has a specific goal and end
				date.
(5)
Public
				corporation
means a public corporation created under
				RCW
				35.21.730. A public corporation may be
				admitted as an "employer" under the definition in
				RCW
				41.40.010.
(6)
Report
means an employer's
				reporting of an employee's hours of service, compensation and contributions to
				the department on the monthly transmittal report.
(7)
Reportable compensation
means compensation earnable as that term is defined in
				RCW
				41.40.010.
(8)
Retirement plan
as used in
				RCW
				41.40.023 and in this chapter, means any plan
				operated wholly or in part by the state or a political subdivision. This
				includes, but is not limited to:
(a) The
				retirement systems listed under
				RCW
				41.50.030;
(b) The retirement systems of the cities of
				Seattle, Spokane and Tacoma; or
(c)
				Any higher education plan authorized under
				RCW
				28B.10.400.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › ADMINISTRATION › Section 415-108-020 - Public records

Current through Register Vol. 24-14, July 15, 2024
See chapter 415-06 WAC.
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-108-020, filed 2/15/78.
					 Formerly WAC 184-20-010.