reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-484 - Reimbursements for expenses

Current through Register Vol. 24-14, July 15, 2024
Reimbursements are not earned for services rendered and thus
				  are not reportable compensation. Typical reimbursement payments include mileage
				  reimbursements for use of a private car on employer business, see WAC
				  415-108-485, or meal and lodging
				  reimbursements for business trips.
Statutory Authority:
					 RCW
					 41.50.050. 98-09-059, §
											415-108-484, filed 4/17/98,
					 effective 5/18/98.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-485 - Vehicle allowances - Are vehicle allowances earnable compensation?

Current through Register Vol. 24-14, July 15, 2024
(1)
If your
				employer provides you any payment or allowance in lieu of a reimbursement for
				expenses you incur or expect to incur in performing services for your employer,
				the payment or allowance is not compensation earnable.
Your vehicle
				allowance does not qualify as compensation earnable if you receive the
				allowance in lieu of reimbursement for expenses that you incur or expect to
				incur in using your own vehicle for business purposes.
(2)
The department presumes that any
				vehicle allowance provided to you by your employer is a payment in lieu of
				reimbursement for expenses and is not compensation earnable.
If the
				contract authorizing your vehicle allowance states that it is provided solely
				in lieu of reimbursement for expenses that you incur or expect to incur in
				using your own vehicle for business purposes, the department's presumption is
				not rebuttable.
(3)
Your
				vehicle allowance may qualify as compensation earnable to the extent that it
				exceeds your actual expenses.
If your employer documents that your
				vehicle allowance exceeds the actual expenses you incur in driving your own
				vehicle for business purposes, the excess amount is compensation earnable. Your
				employer must maintain monthly contemporaneous records documenting the
				following:
(a) The dates, if any, on which
				you used a privately owned vehicle in performing services for your
				employer;
(b) The miles you drove
				the vehicle on each of these trips; and
(c) Your itinerary for each of these
				trips.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-487 - Retirement bonus or incentive

Current through Register Vol. 24-14, July 15, 2024
A payment made to an employee as a bonus or incentive when
				  retiring or terminating is not a payment for services rendered. Rather, the
				  payment is made in exchange for an employee's promise or notification of intent
				  to retire or terminate. A retirement or termination bonus or incentive 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 his or her 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. 98-09-059, §
											415-108-487, filed 4/17/98,
					 effective 5/18/98.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-488 - Severance pay not earned over time - Contract buy outs

Current through Register Vol. 24-14, July 15, 2024
Severance pay that is not earned over time is not earned for
				  services rendered and is not reportable. An example of severance pay not earned
				  over time is a payment negotiated as part of termination agreement.
Example:
At the time of an employee's termination the
								employer agrees to pay a lump sum payment equal to two months salary. The
								employer identifies this payment as "severance pay." Because the payment was
								not earned for services rendered, it is not reportable compensation and will
								not be included in the retirement calculation.
For treatment of severance pay earned over time, see WAC
				  415-108-458.
Statutory Authority:
					 RCW
					 41.50.050. 98-09-059, §
											415-108-488, filed 4/17/98,
					 effective 5/18/98.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-491 - Salary imputed to periods of unpaid leave

Current through Register Vol. 24-14, July 15, 2024
In some circumstances specified in statute, a member may
				  choose to establish service credit for periods of unpaid leave. The salary
				  imputed to a member for purposes of calculating contributions owing for such
				  periods of leave is not reportable compensation. Depending on the type of
				  leave, the imputed compensation may or may not be included as average final
				  compensation in calculating a member's retirement allowance.
(1)
Unpaid authorized leave of
				absence.
For information about purchasing service credit for periods of
				unpaid authorized leave of absence, see:
(a)
				Plan 2: WAC
				415-02-175 and
				RCW
				41.40.710; and
(b) Plan 3: WAC
				415-02-175 and
				RCW
				41.40.805.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › REPORTABLE COMPENSATION › Section 415-108-510 - Treatment of cash payments made in lieu of unused leave-First-in-first-out accounting method for determining when leave earned-Forms of leave deemed excess compensation-Conversions

Current through Register Vol. 24-14, July 15, 2024
(1) Cash compensation in lieu of unused
				annual or sick leave may be considered compensation earnable for Plan 1 members
				subject to the provisions of
				RCW
				41.40.010 and WAC
				415-108-456.
				Employers may not limit the inclusion of cash compensation paid in lieu of
				unused annual or sick leave as compensation earnable in conflict with
				RCW
				41.40.010. Provisions of collective
				bargaining agreements, employment and administrative policies or other rules
				applied by an employer that conflict with
				RCW
				41.40.010 and rules adopted thereunder are
				without legal effect.
(2) When an
				employer provides cash compensation in lieu of unused annual or sick leave, the
				department applies a first-in-first-out accounting method to determine when the
				compensated leave was earned, and when or whether the leave was used or cashed
				out, with the following exceptions:
(a) As
				otherwise provided in
Bowles v. Department of Retirement
				Systems
, 121 Wn.2d 52 (1993); and
(b) The employer has in place a regulation,
				charter provision, ordinance, collective bargaining agreement, or other
				comparable written policy statement which clearly delineates when the cashed
				out leave was accrued, or a different method of accounting for the accrual and
				use of leave, and, if applicable, compensation for unused leave and the same
				such method is consistently applied in each instance and for all purposes.
Any employer's policy which is not consistent for all
				  purposes which is contained in a regularly negotiated labor agreement in effect
				  on the effective date of this section will be honored until the expiration date
				  of the agreement not including any extensions at which time it will be brought
				  into compliance with this section. Any employer's policy which is not
				  consistent for all purposes which is established by the employer shall be
				  brought into compliance within sixty days of the effective date of this
				  section. In the event an employer fails to come into full compliance with this
				  section by the dates established herein, the department will treat cashed out
				  leave on the same basis as the employer has established for using leave.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-520 - Membership exceptions - Student and spouse of student

Current through Register Vol. 24-14, July 15, 2024
(1) A person employed by a Washington state
				institution of higher education or community college (employer), who is
				employed at such institution or college primarily for the purpose of furthering
				her/his education or the education of the person's spouse, is excepted from
				membership in PERS when:
(a) The person is a
				full-time student or the spouse of a full-time student; and
(b) The person is employed at the same
				institution where she/he is a full-time student or where the person's spouse is
				a full-time student; and
(c) The
				person determines her/his employment is primarily an incident to and in
				furtherance of her/his education or training, or the education or training of
				the person's spouse.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-550 - Elected officials-Eligibility and application for retirement service membership

Current through Register Vol. 24-14, July 15, 2024
(1)
Definition:
For the purposes of this section and WAC 415-108570,
				and pursuant to
				RCW
				41.40.010,
				41.40.010,
				41.40.023
				and
				41.40.035,
				"elected" officials means individuals elected to any state, local or political
				subdivision office or individuals appointed to any vacant elective
				office.
(2)
Voluntary
				application for membership:
Under
				RCW
				41.40.023(3)(a), elected
				officials are exempt from mandatory retirement system membership. You have the
				option to apply for membership during your current term of elected office. To
				apply for membership, submit a written application directly to the department.
				When the department approves your application, you will be entitled to
				establish membership effective the first day of your current term of elected
				service. Once membership is established, you will be required to pay the
				employee contributions from the first day of your current term of elected
				service with interest as determined by the department.
(3) If you are not currently a retiree and
				when the department approves your application, you may establish membership
				retroactive to the first day of any previous elected term or terms of office.
				Your plan membership that you established under subsection (2) of this section
				remains the same. To exercise this option, you must apply to the department
				pursuant to subsection (2) of this section. When the department approves the
				application, you must:
(a) Pay the required
				employee contributions for such previous term or terms of elected service with
				interest as determined by the department; and
(b) Pay the required employer contributions
				for such previous term or terms of elected service with interest as determined
				by the department. The employer may, in its discretion, pay the required
				employer contributions plus interest in lieu of your paying this
				amount.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-560 - Appointed officials-Eligibility and application for retirement service membership

Current through Register Vol. 24-14, July 15, 2024
(1)
				For the purposes of this section and WAC
				415-108-570,
				an "appointed" official is a person who meets the criteria in
				RCW
				41.40.010 and is not excluded by the criteria
				in
				RCW
				41.40.035.
(2)
Voluntary application for
				membership:
Under
				RCW
				41.40.023(3)(a), appointed
				officials are exempt from mandatory retirement system membership. You have the
				option to apply for membership during your current term of appointed service.
				To apply for membership, submit a written application directly to the
				department. When the department approves your application you will be entitled
				to establish membership effective the first day of your current term of
				appointed service. Once membership is established, you will be required to pay
				the employee contributions for your current term of appointed service with
				interest as determined by the department.
(3) If you are not currently a retiree and
				when the department approves your application, you may establish membership
				retroactive to the first day of any previous appointed term or terms of office.
				Your plan membership that you established under subsection (2) of this section
				remains the same. To exercise this option, you must apply to the department
				pursuant to subsection (3) of this section. When the department approves the
				application you must:
(a) Pay the required
				employee contributions for such previous term or terms of appointed service
				with interest as determined by the department; and
(b) Pay the required employer contributions
				for such previous term or terms of appointed service with interest as
				determined by the department. The employer may, in its discretion, pay the
				required employer contributions plus interest in lieu of your paying this
				amount.
(c) "Current term of
				appointed service" includes an appointed official's entire current term of
				service. If you have not been appointed to a position with a set term of
				office, "current term of appointed service" includes all uninterrupted service
				in your current appointed position.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-570 - As an elected or appointed official, what are my requirements for service credit?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) As a Plan 1 elected or appointed
				official, you may receive one month of service credit for each month during
				which you earn compensation pursuant to your elected or appointed
				position.
(b) If you are a Plan 1
				member who was appointed by the governor prior to July 1, 1976, to serve as a
				member of any committee, board or commission, you may receive one month of
				service credit for each month during which you earn compensation pursuant to
				your appointed positions.
(c) If
				you are a Plan 1 member who was appointed or reappointed by the governor on or
				after July 1, 1976, to serve as a member of any committee, board or commission,
				you may receive one month of service credit for each month during which you are
				compensated for at least seventy total hours of work.
(d) If you are a Plan 1 member who served in
				a governor-appointed position as a member of any committee, board or commission
				on or after September 1, 1991, you may receive one-quarter month of service
				credit for each month during which you are compensated for less than seventy
				total hours of work.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-575 - May I retire from PERS while holding an elective position?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
				holding an elective position and accruing PERS service credit for your service
				in that position, you may retire from PERS and continue to work in your
				elective position provided:
(a) You are
				eligible to retire under
				RCW
				41.40.180,
				41.40.630, or
				41.40.820;
(b) You submit a written statement to the
				department, waiving the right to earn PERS service credit for any future period
				of service in an elective position; and
(c) Your compensation in the 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 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-620 - Requirements for a union to be a PERS I union employer

Current through Register Vol. 24-14, July 15, 2024
(1) In order to establish or maintain status
				as a PERS I union employer, a union must satisfy the following requirements:
(a) Verify that at least forty percent of the
				members of the level of union organization are employees of an employer:
				Provided however, That employees of the union organization are not to be
				considered in the forty percent determination; and
(b) Beginning on the effective date of this
				rule, annually complete and submit the verification form set forth in WAC
				415-108-660 to the
				department.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-630 - Calculation and verification of PERS membership requirement

Current through Register Vol. 24-14, July 15, 2024
(1) Calculation -
				Unions applying for union employer status must provide the department with the
				information specified in WAC
				415-108-660.
Each union employer is required to submit to the department
				  the form provided in WAC
				  415-108-660 in verifying
				  compliance with WAC
				  415-108-620 on or after November
				  1 and no later than December 31 of each year.
(2) Union employer status will lapse on
				January 1 if a union does not submit verification by December 31 of the
				preceding year. The union may regain union employer status by subsequently
				submitting verification of compliance with WAC
				415-108-620(1)(a).
				The union shall be responsible for applicable retroactive employer
				contributions plus interest for any period of lapsed employer status.
(3) Unions submitting timely verification of
				qualifications for union employer status are considered Plan I union employers
				for the succeeding calendar year (January 1 to December 31).
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.010(4)(a).
					 93-11-077, §
											415-108-630, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-640 - Effect of meeting union verification requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Plan 1 union employer status applies only
				to the level of union organization that meets the requirements of WAC
				415-108-620(1).
				Therefore, if only a single union lodge of a union with multiple lodges has
				been verified to meet the requirements of WAC
				415-108-620(1),
				only that union lodge is a Plan 1 union employer.
(2) Plan 1 members who are employed by union
				employers shall have an irrevocable option to reenter membership. You lose this
				option if you do not reenter PERS Plan 1 when you begin working in an eligible
				position with the union employer. The union employer must notify you, as its
				new employee, of the option to reenter Plan 1. Failure of the union employer to
				notify you shall not prevent your loss of the right to participate in Plan 1
				under this section. Union employers and their Plan 1 employees who choose to
				reenter membership will be subject to the same statutory and regulatory
				requirements as other Plan 1 nonstate agency employers and employees.
(3) Plan 1 union employers employing persons
				who have previously established Plan 1 membership must report you for
				participation in the retirement system if you choose to reenter membership
				under RCW
				41.40.023.
(4) Union employers shall have all new
				employees state on a written form whether they have ever been a Plan 1
				member.
(5)
(a) Upon first establishing union employer
				status the union must pay the required retroactive contributions and interest
				as determined by the department under
				RCW
				41.40.363 or
				41.40.057, as applicable for union
				elective officials and employees who choose to become a member under
				RCW
				41.40.023 and are eligible for Plan
				1.
(b) If employer and employee
				contributions have been submitted in error and the union subsequently
				establishes retroactive union employer status for the period in question, the
				contributions on deposit with the retirement system will be considered valid to
				the extent that the periods of erroneous contributions coincide with periods
				for which the union has established union employer status.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-650 - Effect on unions seeking to maintain union employer status if verification requirement is not met

Current through Register Vol. 24-14, July 15, 2024
(1) A union
				employer which does not verify that it meets the criteria for union employer
				status shall not report any employee hired during that succeeding calendar year
				for retirement system participation. A union employee who previously terminated
				retirement system membership under
				RCW
				41.40.150 cannot reestablish retirement
				system membership during a year the hiring union failed to maintain union
				employer status.
(2) The failure of
				a union employer to meet the requirements of WAC
				415-108-620 and
				415-108-630 will not terminate
				the retirement system participation of employees already employed in an
				eligible position with the union employer as of December 31 of the preceding
				year.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.010(4)(a).
					 93-11-077, §
											415-108-650, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-660 - Plan I union employer verification form

Current through Register Vol. 24-14, July 15, 2024
Unions must use the following form to verify compliance with
				  the requirements of WAC
				  415-108-620.
I certify under the penalty of perjury under the
								laws of the state of Washington that the following is true and correct:
________________, verifies that on the date
								of
Name of Union
the
(Must be a Date in November or December)
Identify Level of Union Organization (i.e. lodge)
								(hereinafter referred to as "organization")
possessed the following membership
								characteristics:
A.
Total number of organization members
B.
Total number of organization members who are
								employees of a public employee retirement system (PERS) employer other than
								this union
C.
Percentage of organization members who are
								employees of a public employee retirement system employer other than this
								union
(B / A x 100)
%
D.
The percentage identified in "C" is equal to or
								greater than 40%
yes
no
If the answer to "D" is yes, then the organization
								is eligible to participate in PERS with regard to PERS Plan I union employees
								employed in an eligible position during the succeeding calendar year. Such
								employees shall remain eligible for participation while employed with the
								organization regardless of whether the organization continues to meet the
								requirements of WAC
								415-108-620 and
								415-108-630.
If the answer to "D" is no then the level of union
								organization identified above is not eligible to participate in the public
								employees' retirement system with regard to union employees employed in an
								eligible position during the succeeding calendar years.
Signature of Local/Division President or Person
								Designated in Writing by President as Having Authority to Verify
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.010(4)(a).
					 93-11-077, §
											415-108-660, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-679 - Purpose and scope of eligibility rules

Current through Register Vol. 24-14, July 15, 2024
WAC
				  415-108-680 through
				  415-108-728 codify the
				  department's existing interpretation of statutes regarding eligibility for
				  membership in all three PERS plans.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.010. 02-03-120, §
											415-108-679, filed 1/23/02,
					 effective 3/1/02. Statutory Authority:
					 RCW
					 41.50.050. 95-16-053, §
											415-108-679, filed 7/25/95,
					 effective 8/25/95.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-680 - Am I eligible for membership?

Current through Register Vol. 24-14, July 15, 2024
(1)
You are eligible for membership if
				you are employed in an eligible position.
Your position is eligible
				under RCW
				41.40.010 if the position, as defined by your
				employer, normally requires at least five months of seventy or more hours of
				compensated service per month during each year. If you are a PERS Plan 1 member
				working in a SERS substitute position, the SERS substitute laws do not apply.
				If you are a Plan 2 or 3 member, hours worked as a SERS substitute are not
				counted when determining eligibility for membership.
(2)
If you leave an eligible position
				to serve in a project position, you may retain eligibility.
(a) Project positions may use a twelve-month
				period other than a school year to evaluate eligibility. The employer must
				consistently apply this twelve-month period to evaluate the eligibility of this
				position.
(b) If you are a member
				and you leave employment in an eligible position to serve in a project
				position, the project position is eligible if:
(i) The position, as defined by the employer,
				normally requires at least five months of seventy or more hours of compensated
				service each month; or
(ii) The
				position requires at least seventy hours per month and you take the position
				with the understanding that you are expected to return to your permanent
				eligible position at the completion of the project.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-690 - How is my membership eligibility evaluated?

Current through Register Vol. 24-14, July 15, 2024
(1)
Your eligibility to participate as
				a member of PERS is based on your position.
In evaluating whether your position is eligible for
				  membership, your employer will determine only whether the position meets the
				  criteria of an eligible position under
				  RCW
				  41.40.010 and WAC
				  415-108-680(1).
				  Your employer will not consider your membership status or individual
				  circumstances unless you:
(a) Leave
				employment in an eligible position to serve in a project position (See WAC
				415-108-680(2)
				); or
(b) Work in both a PERS and
				TRS position during the same school year (See WAC
				415-108-728
				).
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-700 - Can I qualify for membership if I work in more than one ineligible position with the same employer?

Current through Register Vol. 24-14, July 15, 2024
(1)
All of your monthly work for an employer counts as one position.
If you are employed with the same employer in two ineligible positions
				during a year which, when combined, equate to an eligible position and your
				employer expects you to continue in this employment for a second consecutive
				year, your employer will report the total hours you work in both positions to
				the department as an eligible position.
Example:
A person normally works for one employer as a cook
								for forty hours each month and as a bus driver for forty hours each month. The
								person is eligible for membership because he works a total of eighty hours each
								month for at least five months each year and this is the normal pattern of his
								employment.
Example:
A person normally works for one employer for forty
								hours each month as a cook. For one year only, she takes on extra duties by
								also working forty hours per month as a bus driver. Although she worked eighty
								hours each month for five or more months during one year, she is not eligible
								for membership because these hours are not the normal pattern of her
								employment.
Example:
A person works for one employer for forty hours
								each month as a cook and also works for another employer for forty hours each
								month as a bus driver. The person is not eligible for membership because he
								cannot combine the hours of employment with these separate employers to
								establish membership.
(2)
You may be reported in TRS if you work in two positions and one position
				is covered under TRS.
See WAC
				415-108-728.
(3)
Defined terms used.
Definitions for the following terms used in this section may be found in
				the sections listed.
(a) "Eligible position" -
				RCW
				41.40.010.
(b) "Employer" -
				RCW
				41.40.010.
(c) "Ineligible position" -
				RCW
				41.40.010.
(d) "Membership" -
				RCW
				41.40.023.
(e) "Normally" - WAC
				415-108-010.
(f) "Report" - WAC
				415-108-010.
(g) "Year" - WAC
				415-108-010.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-710 - What are the return to work rules for PERS Plan 1, Plan 2, and Plan 3?

Current through Register Vol. 24-14, July 15, 2024
(1)
How soon
				can I return to work after I retire without impacting my PERS retirement
				benefit?
(a) You may begin working
				immediately after you retire without impacting your PERS retirement benefit if:
(i) You go to work for a private
				employer;
(ii) You are an
				independent contractor as defined in WAC
				415-02-110;
(iii) Your only employment is as an elected
				official and you end your PERS membership under
				RCW
				41.40.023 (3)(b);
				or
(iv) You are a PERS Plan 1
				retiree elected to office or appointed to office by the governor.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-720 - Participation - Can I be excluded from participating in membership even if I am employed in an eligible position?

Current through Register Vol. 24-14, July 15, 2024
(1)
You may be exempt from
				participating in membership even if you meet eligibility criteria.
Even
				if you are employed in an eligible position you are exempt from participating
				in PERS if your individual circumstances qualify you for one of the exceptions
				to membership under
				RCW
				41.40.023.
(2)
If you work for a PERS employer
				after you retire, you are subject to post-retirement employment restrictions
				even if you are excluded from participating in membership.
If you become
				employed in an eligible position after you retire, you are subject to the
				post-retirement employment restrictions under
				RCW
				41.40.150,
				41.40.690, and
				41.40.850 even if you are excluded
				from membership.
(3)
Defined
				terms used.
Definitions for the following terms used in this section may
				be found in the sections listed.
(a)
				"Eligible position" -
				RCW
				41.40.010.
(b) "Employer" -
				RCW
				41.40.010.
(c) "Ineligible position" -
				RCW
				41.40.010.
(d) "Membership" -
				RCW
				41.40.023.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-725 - If I have retired from another retirement system or am eligible to retire, am I excluded from participating in PERS?

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 PERS
				membership unless:
(a) You established
				membership in PERS prior to March 19, 1976;
(b) You accrued less than fifteen years of
				service credit in the other retirement system; or
(c) You are a LEOFF Plan 2 retiree returning
				to work in a PERS eligible position and choose to participate in PERS
				membership. See WAC
				415-104-111.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-726 - Can I earn service credit in PERS and another retirement plan at the same time?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Yes. You may earn service credit in PERS
				and any of the following First Class City Retirement Systems (FCCRS) at the
				same time if:
(i) You work for a PERS
				employer and an employer covered by a retirement system of the city of Seattle,
				Spokane or Tacoma (FCCRS); and
(ii)
				You cannot report service for the FCCRS in PERS;
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-727 - Can I transfer service credit earned as a cadet in the public employees' retirement system to the Washington state patrol retirement system Plans 1 or 2?

Current through Register Vol. 24-14, July 15, 2024
(1) A PERS Plan 1
				or Plan 2 member may transfer cadet service under
				RCW
				41.40.092.
(2) A person who becomes a PERS Plan 3 member
				cannot transfer service credit earned as a cadet in PERS, regardless of when
				the credit was earned.
Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.40.092,43.43.120(6),
					 43.43.130. 02-23-037, §
											415-108-727, filed 11/13/02,
					 effective 1/1/03. Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.092. 02-03-120, §
											415-108-727, filed 1/23/02,
					 effective 3/1/02.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-730 - Membership for city managers

Current through Register Vol. 24-14, July 15, 2024
The purpose of the WAC is to implement the provisions of
				  RCW
				  41.40.023(17) relating to
				  city managers.
Effective immediately and until December 31, 1986 any current
				  member described in
				  RCW
				  41.40.023(17) may, at
				  his/her option, elect to withdraw from membership in the retirement system
				  provided by chapter 41.40 RCW. Such election is to be made in writing on a form
				  provided for that purpose by the department. Persons making this election will
				  be refunded the contributions and related interest which were credited while in
				  their current position. The effect of such a withdrawal will be to terminate
				  and cancel the service credit acquired while in that position. Such action is
				  final and no service credit may ever be obtained in the future for the period
				  canceled.
Effective immediately any person described in
				  RCW
				  41.40.023(17) who is
				  employed in one of the positions described shall not become a member of the
				  system provided by chapter 41.40 RCW unless within thirty days of employment in
				  such position he/she shall submit in writing on a form, provided by the
				  department, a waiver of his/her right to be excluded and requesting his/her
				  inclusion in the system. Such a person may not then subsequently withdraw from
				  the system except as provided by
				  RCW
				  41.40.260 or
				  41.40.730
				  as appropriate.
Recodified as §
											415-108-730. 97-19-035, filed
					 9/9/97, effective 9/9/97. Statutory Authority: RCW 41.40.120(17). 86-13-023
					 (Order 86-3), § 415-108-500, filed
					 6/10/86.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-800 - When do I enter retirement status?

Current through Register Vol. 24-14, July 15, 2024
As a member of PERS, you enter retirement status when
				  you:
(1) Have separated from service
				as defined in
				RCW
				41.40.010
(2) Have no written or oral agreement to
				return to employment; and
(3) Have
				applied for retirement, the accrual date has been determined under
				RCW
				41.40.193,
				41.40.680,
				or
				41.40.801,
				and your benefit begins to accrue.
Example:
Sally is eligible for retirement on July 1st. She
							 submits an application on June 1st with a July 1st retirement date. Her last
							 day of employment is June 30th and she does not have an agreement to return to
							 work.
Sally's retirement date (accrual date) is July 1st
							 and the benefit begins to accrue. The first retirement payment will be paid at
							 the end of July. Sally entered "retiree status" effective July 1st.
Statutory Authority:
					 RCW
					 41.40.020 and
					 41.50.050(5).
					 06-04-059, §
											415-108-800, filed 1/27/06,
					 effective 2/27/06. Statutory Authority:
					 RCW
					 41.50.050(5),
					 41.04.270,
					 41.26.030,41.32.010,
					 41.32.025,
					 41.32.480,
					 41.32.500,
					 41.32.570,41.32.765,
					 41.32.795,
					 41.32.802,
					 41.32.855,
					 41.32.860,41.32.862,
					 41.35.010,
					 41.35.030,
					 41.35.060,
					 41.35.450,41.35.640,
					 41.40.010,
					 41.40.023,
					 41.40.037,
					 41.40.150,41.40.193,
					 41.40.680,
					 41.40.750,
					 41.40.801. 02-02-060, §
											415-108-800, filed 12/28/01,
					 effective 1/1/02.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › MEMBERSHIP › Section 415-108-805 - What is the PERS Plan 1 minimum allowance?

Current through Register Vol. 24-14, July 15, 2024
RCW 41.40.1984 entitles certain
				  PERS Plan 1 retirees and beneficiaries to a minimum monthly allowance.
				  Subsection (3) of this section provides the amount of the minimum allowance and
				  explains how it may be adjusted.
(1)
Do I qualify for the minimum allowance?
Except as provided in
				subsection (2) of this section:
(a) You
				qualify if your current monthly allowance, excluding any amount you receive for
				an additional (optional) annuity based on extra contributions, is less than the
				minimum allowance calculated under subsection (3) of this section, and:
(i) You have twenty-five or more years of
				PERS Plan 1 service credit and have been retired at least twenty years;
				or
(ii) You have twenty or more
				years of PERS Plan 1 service credit and have been retired at least twenty-five
				years.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › SERVICE RETIREMENT › Section 415-108-810 - Calculation of retirement allowance pursuant to Bowles v. Retirement Systems - Eligibility - Procedure

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
Bowles v. Retirement Systems
,
				  121 Wn.2d 52 (1993), the department is required to calculate certain Plan I
				  members' retirement allowances without regard to percentage or ceiling
				  limitations on leave cash outs.
Bowles v. Retirement Systems
does not change the terms contained in collective bargaining agreements
				  negotiated by employers and employees or leave policies promulgated by
				  employers, nor does it apply to state and school district employees who cash
				  out sick leave pursuant to
				  RCW
				  28A.400.210 or
				  41.04.340, or annual leave
				  pursuant to
				  RCW
				  43.01.040 through
				  43.01.044.
(1) Certain Plan I members' retirement
				allowances shall be calculated pursuant to this section if they meet the
				following criteria:
(a) Retire on or after
				March 11, 1993, from Plan I, or be a surviving spouse or beneficiary of a
				member who retired or died after March 11, 1993; and
(b) Have average final compensation that is:
(i) Based on employment with a nonstate
				agency or political subdivision employer; and
(ii) Subject to employer percentage or
				ceiling limitations on leave cash outs.
(c) If a person meets the eligibility
				requirements for calculation under (a) and (b) of this subsection, the
				department shall determine whether the person is entitled to the calculation
				provided under subsection (2) of this section.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › SERVICE RETIREMENT › Section 415-108-815 - What is the minimum dollar limit used to determine a Plan 3 lump sum benefit payment?

Current through Register Vol. 24-14, July 15, 2024
(1) The minimum
				dollar limit under
				RCW
				41.40.815 for determining if a lump sum
				payment may be received instead of a monthly benefit is increased to $119.41 as
				of March 1, 2002.
(2) The limit
				established in subsection (1) of this section will be increased each January
				1st by three percent beginning January 1, 2003.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.40.815. 02-03-120, §
											415-108-815, filed 1/23/02,
					 effective 3/1/02.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › SERVICE RETIREMENT › Section 415-108-830 - How does the department calculate the retirement allowance of a PERS Plan 2 or Plan 3 member who retires, reenters PERS membership, and then retires again?

Current through Register Vol. 24-14, July 15, 2024
This rule establishes a method to actuarially recompute your
				  defined benefit retirement allowance if you are a Plan 2 or Plan 3 member who
				  retires, reenters PERS membership causing your retirement allowance to stop,
				  and then retires again.
(1)
If
				you previously retired before age sixty-five,
the department will:
(a) Recompute your retirement allowance
				pursuant to
				RCW
				41.40.620 (Plan 2) or 41.40.790 (Plan 3)
				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 average final
				compensation resulting from your reentry into membership; and
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › SERVICE RETIREMENT › Section 415-108-980 - Will I receive a transfer payment when I transfer to Plan 3?

Current through Register Vol. 24-14, July 15, 2024
(1)
PERS Plan
				3 will be implemented on March 1, 2002.
If you transfer from PERS Plan 2
				to PERS Plan 3 during the Phase 1 transfer period and establish service credit
				in June 2002, or transfer during the Phase 2 transfer period and establish
				service credit in either June 2002 or February 2003, you will receive a
				transfer payment to be added to your member account on or after June 1, 2003,
				once the department receives the transfer information from your employer. The
				transfer period and payment amount you will receive is based upon your employer
				type and your account balance as of March 1, 2002.
(a) You will receive a payment of one hundred
				and ten percent of your
transfer basis
if you are employed in an
				eligible position by a Phase 1 employer and you transfer to Plan 3 during the
				Phase 1 transfer period. State agencies and institutes of higher education are
				Phase 1 employers.
(b) You will
				receive a payment of one hundred and eleven percent of your
transfer
				basis
if you are employed in an eligible position by a Phase 2 employer
				and you transfer to Plan 3 during the Phase 2 transfer period. All other
				employers are Phase 2 employers.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-108 - Public employees' retirement system › SERVICE RETIREMENT › Section 415-108-990 - May I waive my Plan 3 one percent retirement benefit?

Current through Register Vol. 24-14, July 15, 2024
(1)
Why would
				I want to waive my Plan 3 one percent retirement benefit?
Some state
				retirement systems have provisions that allow members to purchase service
				credit earned elsewhere. If you are employed by one of these states and wish to
				purchase service credit for time worked in Washington, you may be required by
				that state to show proof that you have waived all of your rights to retirement
				benefits from Washington as a condition for purchasing the service
				credit.
(2)
Do I qualify to
				waive my Plan 3 one percent retirement benefit?
You may irrevocably
				waive your Plan 3 one percent retirement benefit if:
(a) You are separated from all Plan 3
				eligible employment;
(b) You
				withdrew your funds in your Plan 3 member account or are receiving
				distributions from your Plan 3 member account;
(c) Your spouse consents to the waiver if you
				are married;
(d) There is not a
				court order or administrative order that affects your right to waive your
				benefits; and
(e) You have not
				received, or are not receiving, a defined benefit payment.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-110 - School employees' retirement system › DEFINITIONS › Section 415-110-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
All definitions in
				  RCW
				  41.35.010 and WAC
				  415-02-030 apply to
				  terms used in this chapter. Other terms relevant to the administration of
				  chapter 41.35 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 include leave for illness, personal
				business if in addition to and different than vacation leave, or other paid
				time off from work. However, if an employer authorizes only one type of leave
				to provide paid leave for vacation and illness as well as any other excused
				absence from work, such leave will be considered annual leave for purposes of
				RCW
				41.50.150.
(2)
Normally
as used in the
				definition of eligible position under
				RCW
				41.35.010 means a position is eligible if it
				is expected to require at least five months of 70 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 70 or more hours of compensated service during at least
				one year in any two-year period.
(3)
Project position
means a
				position, established by an employer, that has a specific goal and end
				date.
(4)
Report
means
				an employer's reporting of an employee's hours of service, compensation and
				contributions to the department on the monthly transmittal report.
(5)
Reportable compensation
means compensation earnable as that term is defined in
				RCW
				41.35.010.
(6)
System acronyms
used in this
				chapter are defined as follows:
(a) "PERS"
				means the public employees' retirement system.
(b) "SERS" means the school employees'
				retirement system.
(c) "TRS" means
				the teachers' retirement system.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-110 - School employees' retirement system › ADMINISTRATION › Section 415-110-020 - Public records

Current through Register Vol. 24-14, July 15, 2024
See chapter 415-06 WAC.
Statutory Authority:
					 Chapters
					 41.32, 41.34,
					 41.35,
					 41.50 RCW. 01-01-059, §
											415-110-020, filed 12/12/00,
					 effective 1/12/01.