reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-624 - Vascular system

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-624, filed 2/15/78.
					 Formerly WAC 297-50-130.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-628 - Heart and vascular system - Miscellaneous

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-628, filed 2/15/78.
					 Formerly WAC 297-50-130.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-630 - Height

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-630, filed 2/15/78.
					 Formerly WAC 297-50-140.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-634 - Weight

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-634, filed 2/15/78.
					 Formerly WAC 297-50-140.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-638 - Body build

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-638, filed 2/15/78.
					 Formerly WAC 297-50-140.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-640 - Lungs and chest wall - General

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-640, filed 2/15/78.
					 Formerly WAC 297-50-150.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-644 - Lungs and chest - Tuberculous lesions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-644, filed 2/15/78.
					 Formerly WAC 297-50-150.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-648 - Lungs and chest - Nontuberculous lesions

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-648, filed 2/15/78.
					 Formerly WAC 297-50-150.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-650 - Table 2 - Table of weight

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-650, filed 2/15/78.
					 Formerly WAC 297-50-160.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-660 - Mouth

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-660, filed 2/15/78.
					 Formerly WAC 297-50-180.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-663 - Nose and sinuses

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-663, filed 2/15/78.
					 Formerly WAC 297-50-180.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-666 - Pharynx, trachea, esophagus, and larynx

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-666, filed 2/15/78.
					 Formerly WAC 297-50-180.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-668 - Miscellaneous mouth, throat, and nose diseases

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-668, filed 2/15/78.
					 Formerly WAC 297-50-180.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-670 - Neurological disorders

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-670, filed 2/15/78.
					 Formerly WAC 297-50-190.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-680 - Psychoses

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-680, filed 2/15/78.
					 Formerly WAC 297-50-200.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-684 - Psychoneuroses

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-684, filed 2/15/78.
					 Formerly WAC 297-50-200.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-688 - Personality disorders

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-688, filed 2/15/78.
					 Formerly WAC 297-50-200.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-690 - Skin and cellular tissues

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-690, filed 2/15/78.
					 Formerly WAC 297-50-210.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-700 - Spine and sacroiliac joints

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-700, filed 2/15/78.
					 Formerly WAC 297-50-220.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-705 - Scapulae, clavicles, and ribs

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-705, filed 2/15/78.
					 Formerly WAC 297-50-220.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-710 - Systemic diseases

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-710, filed 2/15/78.
					 Formerly WAC 297-50-230.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-715 - Miscellaneous conditions and defects

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-715, filed 2/15/78.
					 Formerly WAC 297-50-230.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-720 - Tumors

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-720, filed 2/15/78.
					 Formerly WAC 297-50-240.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-725 - Malignant diseases and tumors

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-725, filed 2/15/78.
					 Formerly WAC 297-50-240.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-730 - Venereal diseases

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-730, filed 2/15/78.
					 Formerly WAC 297-50-250.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-740 - Mental examination

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-740, filed 2/15/78.
					 Formerly WAC 297-50-260.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-745 - Mental examination - Requirement

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-745, filed 2/15/78.
					 Formerly WAC 297-50-260.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-750 - Mental examination - Procedure

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-750, filed 2/15/78.
					 Formerly WAC 297-50-270.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › MINIMUM MEDICAL AND HEALTH STANDARDS › Section 415-104-755 - Mental examination - Retention by employing department

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-755, filed 2/15/78.
					 Formerly WAC 297-50-260.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › ELECTED OFFICIALS › Section 415-104-782 - Option to preserve LEOFF I retirement rights

Current through Register Vol. 24-14, July 15, 2024
The following rules describe the process by which a LEOFF
				  plan I member whose retirement rights are protected by
				  RCW
				  41.04.120 may preserve retirement rights as
				  an active LEOFF member while serving in an elective public office.
A LEOFF plan I member who is elected or appointed to elective
				  office shall have the option to:
(1)
				Preserve his or her retirement rights as an active member of LEOFF plan I;
				or
(2) Be considered to be on
				normal leave of absence from the LEOFF I employer.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.04.120. 93-11-078, §
											415-104-782, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › ELECTED OFFICIALS › Section 415-104-783 - Verification of eligibility for preservation of LEOFF plan I membership

Current through Register Vol. 24-14, July 15, 2024
A LEOFF plan I elected official must provide the department
				  with written verification of a leave of absence from the LEOFF employer for the
				  express purpose of serving in the elective public office. The verification must
				  state a beginning date and an ending date for the leave.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.04.120. 93-11-078, §
											415-104-783, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › ELECTED OFFICIALS › Section 415-104-784 - Member contributions for LEOFF plan I elected officials

Current through Register Vol. 24-14, July 15, 2024
A LEOFF plan I elected official must pay member contributions
				  directly to the department. Such member contributions will be calculated on the
				  salary for the rank the member held at the time of taking the leave of absence.
				  The department will bill the LEOFF I elected official on a monthly basis.
				  Payment of each month's bill is due to the department by the 15th day of the
				  next month. Failure to pay contributions for two consecutive billing months
				  will result in suspension of LEOFF I elected official status. Such status can
				  be reinstated if overdue contributions are paid within ninety days after notice
				  of suspension.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.04.120. 93-11-078, §
											415-104-784, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › ELECTED OFFICIALS › Section 415-104-785 - Employer contributions for LEOFF plan I elected officials

Current through Register Vol. 24-14, July 15, 2024
The elective employer shall pay employer contributions for
				  the LEOFF plan I elected official. Such employer contributions will be
				  calculated on the annual salary paid to the LEOFF I elected official for
				  employment in the elective office. The elective employer will be directly
				  billed by the department for employer contributions for a LEOFF I elected
				  official. The elective employer shall pay employer contributions for LEOFF I
				  elected officials in a timely manner as provided under chapter 415-114
				  WAC.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.04.120. 93-11-078, §
											415-104-785, filed 5/18/93,
					 effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-010 - Preamble

Current through Register Vol. 24-14, July 15, 2024
These rules are not intended to weaken the authority of the
				  local disability board nor to prevent the disability board from adopting
				  additional rules or procedures necessary for performing its
				  duties.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-010, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 81-23-032 (Order 81-03), §
											415-105-010, filed
					 11/16/81.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under the authority of section 1,
				  chapter 294, Laws of 1981 (RCW 41.26.115 ) to
				  provide a basis for uniform administration of disability retirement matters.
				  These rules must be followed by each disability board.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-020, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 81-23-032 (Order 81-03), §
											415-105-020, filed
					 11/16/81.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-030 - Board doctor

Current through Register Vol. 24-14, July 15, 2024
(1) Each board
				must appoint a board doctor. The board must not approve a disability retirement
				without prior examination of the applicant by the board doctor or a specialist
				selected by the board doctor. The board doctor must be a practicing physician
				licensed under the provisions of
				chapter
				18.71 RCW; or, if the
				board doctor practices outside the state of Washington, then he/she must be a
				physician licensed by the state in which he/she practices.
(2) The board doctor and any selected
				specialist must be knowledgeable about the normal, routine duties, functions
				and general demands of the position the applicant held at the time the
				applicant discontinued service.
(3)
				The board must furnish the examining physician with the applicant's job and/or
				position description. The board must inform the physician that the board's
				decision to grant or deny a disability retirement allowance is to be measured
				against the actual, normal, routine duties that the applicant
				performs.
(4) The board doctor or
				approved specialist will provide medical services requested by the board
				including examinations pursuant to
				RCW
				41.26.120(1); 41.26.125(1);
				41.26.130(5); and41.26.150 (1)(a).
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-030, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 81-23-032 (Order 81-03), §
											415-105-030, filed
					 11/16/81.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-040 - Disability leave

Current through Register Vol. 24-14, July 15, 2024
(1) The
				applicant must prove the existence of:
(a) A
				disabling condition; and
(b)
				Whether or not the condition was incurred in the line of duty.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-050 - Examination, review and determination

Current through Register Vol. 24-14, July 15, 2024
(1) The board must have the applicant
				examined during the fifth or sixth month of disability leave. The examination
				is to be performed by the board doctor or a specialist selected by the board
				doctor. The board shall not approve the disability retirement without this
				examination unless:
(a) The applicant
				establishes that the disabling condition will exist for at least six months;
				and
(b) The applicant voluntarily
				waives disability leave.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-060 - Granting disability retirement

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant is required to prove that
				he or she is disabled and unable to perform with average efficiency the duties
				of the position held at the time of discontinuance of service.
(2) The board must determine, based on the
				evidence, that the applicant is disabled from performing his or her duties and
				the disability has been continuous since the beginning of the disability leave
				period.
(3) The board may make a
				finding of six months continuous disability prior to the actual conclusion of
				the six-month period if:
(a) The regular
				meeting of the board does not precede the end of the six-month disability leave
				period by more than forty days; and
(b) Medical evidence shows the disability is
				expected to continue through the full six-month period.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-070 - Decision and order

Current through Register Vol. 24-14, July 15, 2024
(1)
				After granting or denying a disability retirement allowance, the board must
				enter a written decision and order that includes:
(a) Appropriate findings of fact supported by
				credible evidence sufficient to sustain the decision; and
(b) Conclusions of law.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-072 - Burden of proof to cancel disability allowance

Current through Register Vol. 24-14, July 15, 2024
The disability board has the burden of proof in any
				  proceeding to cancel a disability retirement allowance.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-072, filed 8/3/99,
					 effective 9/3/99.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-074 - Determination to cancel disability allowance

Current through Register Vol. 24-14, July 15, 2024
The board need not rely solely on medical evidence in making
				  its determination. To cancel a disability retirement allowance, the board must
				  demonstrate that:
(1) The retiree is
				reasonably able to perform the ordinary duties of his or her former position or
				a position within the retiree's former rank with average efficiency;
				and
(2) There has been a material
				change in the circumstances upon which the retirement was based; and
(3) No other physical or mental disability
				now prevents the retiree from performing the ordinary duties of his or her
				position or rank.
The board may not cancel a disability retirement allowance
				  based on a determination that the medical condition was incorrectly diagnosed
				  at the time of the initial disability hearing. If the medical condition for
				  which the retiree was granted disability retirement has improved, but the
				  retiree is still not physically or mentally able to perform his or her duties
				  with average efficiency, the retiree shall continue to receive the disability
				  retirement allowance. The board must send a copy of all determinations and the
				  examination reports and other evidence on which they are based to the
				  department of retirement systems.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-074, filed 8/3/99,
					 effective 9/3/99.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-080 - Notice of denial of benefits and right to appeal

Current through Register Vol. 24-14, July 15, 2024
(1) The board must immediately notify the
				applicant if the board:
(a) Denies disability
				leave or retirement; or
(b) Cancels
				a previously granted disability leave or retirement.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › GENERAL PROVISIONS › Section 415-105-090 - Reexamination after retirement

Current through Register Vol. 24-14, July 15, 2024
(1)
				Every retiree under 49.5 years of age must be medically reexamined every six
				months by the board doctor or approved physician, except as provided in
				subsection (4) of this section.
(2)
				The retirement allowance of any retiree who fails to submit to a medical
				examination as required in subsection (1) of this section shall be discontinued
				until the retiree complies with the reexamination requirement. If the retiree
				continues for one year to refuse to undergo reexamination, the board shall
				cancel his or her retirement allowance.
(3) If the retiree resides more than one
				hundred miles from his or her former employer, the board may authorize the
				retiree to be examined by a physician in the retiree's local area. The board
				must approve the local area physician and provide him or her with information
				about the purpose of the examination and the issues to be addressed in the
				physician's report to the board.
(4) If the board doctor or approved physician
				finds that no possibility exists for the retiree's recovery and return to duty,
				the board may determine that subsequent medical examinations are not required.
				The determination may be made at the time of retirement or at any time
				thereafter, but must be based on a current (within ninety days) recommendation
				of the examining physician. The board must notify the department of retirement
				systems when it makes a determination of permanent disability. A copy of the
				physician's report must accompany the notice.
(5) If the examination shows that the retiree
				is fit to perform the duties of the rank or position held at retirement, the
				retiree shall be entitled to a hearing before the board. The notification and
				hearing shall comply with the requirements of the Administrative Procedure Act,
				chapter
				34.05 RCW. Unless the
				retiree waives his or her right to the hearing, the board must hold the hearing
				before it can cancel the disability retirement allowance.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-090, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-090, filed 3/11/87;
					 81-23-032 (Order 81-03), §
											415-105-090, filed
					 11/16/81.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-100 - Purpose - Age fifty and older

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under
				  RCW
				  41.26.115 to implement the provisions of
				  RCW
				  41.26.130(3) and
				  41.26.135 and establish procedures
				  to be followed by the applicant and the disability board. These rules apply
				  only to a disability retiree age fifty and older who seeks a determination that
				  his/her disability has ceased.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-100, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-100, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-110 - Application to disability board - Age fifty and older

Current through Register Vol. 24-14, July 15, 2024
(1) When a disability retiree over age fifty
				believes that his/her disability has ceased, he/she may make application to
				cancel the disability retirement allowance. Such application shall be made to
				the disability board that originally considered the application for disability
				retirement.
(2) The application
				must be in writing and contain the following information:
(a) The retiree's name, birthdate, Social
				Security number, mailing address, telephone number, former LEOFF employer, and
				the name and mailing address of the retiree's legal representative, if
				any;
(b) The nature of the
				disability and the date the disability ceased;
(c) The names, addresses and telephone
				numbers of all physicians and other health care practitioners who have been
				contacted by the retiree or his/her representative in the last year for medical
				care, consultation or evaluation;
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-120 - Burden of proof in disability board proceedings

Current through Register Vol. 24-14, July 15, 2024
The retiree has the burden of proof in the proceedings before
				  the disability board.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-120, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-120, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-130 - Standard for determination

Current through Register Vol. 24-14, July 15, 2024
To obtain a determination that a disability has ceased, the
				  retiree must demonstrate that:
(1)
				He/she is reasonably able to perform the ordinary duties of his/her former
				position or position within his/her former rank with average efficiency;
				and
(2) There has been a material
				change in the circumstances upon which the original disability determination
				was based; and
(3) No other
				physical or mental disability now prevents the retiree from performing the
				ordinary duties of his/her position or rank.
A retiree may not obtain a determination that his/her
				  disability has ceased by demonstrating that the medical condition was
				  incorrectly diagnosed at the time of the initial disability hearing. The
				  disability board need not rely solely on medical evidence in making its
				  determination. If the medical condition for which the retiree was granted
				  disability retirement has improved, but the retiree is still not physically or
				  mentally able to perform his/her duties with average efficiency, he/she shall
				  continue to receive a disability retirement allowance and shall not be entitled
				  to service retirement.
Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-130, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-140 - Examination by board physician

Current through Register Vol. 24-14, July 15, 2024
(1) Before acting on an application, the
				disability board shall have the retiree examined by the board doctor as
				provided in WAC
				415-105-030. If the board doctor
				has seen the retiree before in any capacity except evaluation on behalf of the
				disability board, the board doctor must refer the retiree to another physician
				who has not seen the retiree in any capacity except evaluation on behalf of the
				disability board.
(2) Before the
				retiree is examined, the disability board must furnish the board doctor or
				other physician with a current job description for the rank or position held by
				the member at the time he/she was granted disability retirement and a copy of
				these regulations.
(3) The board
				doctor or other physician will examine the retiree to determine if he/she is
				able to perform with average efficiency the duties of the rank or position held
				by the retiree at the time of discontinuance of service and that he/she meets
				the requirements of WAC
				415-105-130.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-140, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-140, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY › Section 415-105-150 - Disability board order

Current through Register Vol. 24-14, July 15, 2024
(1)
				The board must review the application, the medical evaluation by the board
				doctor, and any other relevant evidence. The board must determine whether the
				retiree has met the standards set out in WAC
				415-105-130 and is physically and
				mentally capable of performing his/her duties with average
				efficiency.
(2) If the board
				determines that the retiree's disability has ceased, it shall enter its written
				decision and order including appropriate findings of fact and conclusions of
				law. The disability board must:
(a) Enter a
				decision which specifies the date the disability retirement allowance will
				cease;
(b) Immediately send a copy
				of the decision and order to the department of retirement systems.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY WHILE UNDER AGE FIFTY › Section 415-105-160 - Purpose - Under age fifty

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under
				  RCW
				  41.26.115 to implement the provisions of
				  RCW
				  41.26.130(3) and establish
				  procedures to be followed by the applicant and the disability board in cases in
				  which the applicant is under age fifty and believes that his/her disability has
				  ceased.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-160, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-160, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY WHILE UNDER AGE FIFTY › Section 415-105-170 - Application to the disability board - Under age fifty

Current through Register Vol. 24-14, July 15, 2024
A disability retiree under age fifty who believes that
				  his/her disability has ceased may apply for a determination that the disability
				  has ceased. The application must be:
(a) Made to the disability board which
				originally found the member to be disabled; and
(b) In writing; and
(c) Contain the information stated in WAC
				415-105-110(2).
Thereafter, the rules and procedures stated in WAC
				  415-105-120 through
				  415-105-140 shall be in
				  effect.
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-170, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-170, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-105 - Local disability board procedures › CESSATION OF DISABILITY WHILE UNDER AGE FIFTY › Section 415-105-180 - Disability board hearing and order

Current through Register Vol. 24-14, July 15, 2024
(1) The board must review the application,
				the medical evaluation of the board doctor, and any other relevant evidence.
				The board must then determine whether the retiree has met the standards set out
				in WAC 415-105-130 and is physically and
				mentally capable of performing his/her duties with average efficiency. If the
				board determines that the retiree's disability has ceased, both the retiree and
				the former employer shall be entitled to a notice and a hearing. Both the
				notice and the hearing shall comply with the requirements of
				chapter
				34.05 RCW.
(2) After the hearing, the board must enter
				its written decision and order, including appropriate findings of fact and
				conclusions of law. The board order must either deny the retiree's application
				or cancel his/her disability retirement allowance and restore him/her to duty
				pursuant to
				RCW
				41.26.140(2).
(3) Any person aggrieved by a determination
				or order of a disability board that the applicant's disability has not ceased
				may file an appeal with the director pursuant to
				RCW
				41.26.140(6).
Statutory Authority:
					 RCW
					 41.50.050. 99-16-075, §
											415-105-180, filed 8/3/99,
					 effective 9/3/99. Statutory Authority:
					 RCW
					 41.26.115. 87-07-015 (Order 87-3), §
											415-105-180, filed
					 3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › DEFINITIONS › Section 415-106-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in
				  RCW
				  41.37.010 and WAC
				  415-02-030 apply to
				  terms used in this chapter. Other terms relevant to the administration of
				  chapter 41.37 RCW are defined in this chapter.
(1)
AFC
means average final
				compensation as defined in
				RCW
				41.37.010.
(2)
City corrections department
means any subsection or unit of a city employing correctional
				employees.
(3)
County
				corrections department
means any subsection or unit of a county
				employing correctional employees.
(4)
Employer
means the state or
				local government entities as defined in
				RCW
				41.37.010 employing members eligible for
				PSERS.
(5)
Full-time
				employee
means an employee who is regularly scheduled to provide at
				least 160 hours of compensated service for an employer each calendar
				month.
(6)
LEOFF
means
				the law enforcement officers' and firefighters' retirement system.
(7)
Nursing care,
for purposes
				of membership eligibility under
				RCW
				41.37.010, refers to services provided on
				behalf of a qualifying PSERS employer in which an employee is required to hold
				a valid certification and/or license in the state of Washington and the primary
				duty is to provide direct patient nursing care. Services include the
				identification of, and discrimination between, the individual's physical and
				psychosocial needs, treatment, counseling, patient education, self-care and the
				administration of medication.
(8)
PERS
means the public employees' retirement system.
(9)
Primary responsibility
means
				the fundamental, crucial job duty performed in a position. It does not include
				marginal responsibilities, which are extra or incidental to the primary
				responsibility. The primary responsibility of a position may be considered the
				primary responsibility because:
(a) The
				position exists to perform that function; or
(b) There are a limited number of employees
				available who could perform that function; or
(c) The function is highly specialized, and
				the incumbent is hired for special expertise or ability to perform
				it.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › ADMINISTRATION › Section 415-106-080 - Actuarial factors and schedules

Current through Register Vol. 24-14, July 15, 2024
See chapter 415-02 WAC starting with WAC
				  415-02-300 for the tables,
				  schedules, and factors the department uses for calculating optional retirement
				  allowances for PSERS members.
Statutory Authority:
					 RCW
					 41.50.050(5), chapters
					 41.37, 41.45, and
					 41.50 RCW. WSR 08-02-046, §
											415-106-080, 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 › MEMBERSHIP › Section 415-106-100 - Am I eligible for PSERS membership?

Current through Register Vol. 24-14, July 15, 2024
(1) You are eligible for PSERS membership if
				you meet the definition of member in
				RCW
				41.37.010.
(2) You are exempt from PSERS membership if:
(a) One or more of the exemptions in
				RCW
				41.37.020 apply to you;
(b) You are a retirement system retiree,
				estopped from membership under
				RCW
				41.04.270;
(c) You are, or have been, a public
				employees' retirement system (PERS) Plan 1 member; or
(d) You were a PERS Plan 2 or 3 member and
				were not required to join PSERS membership according to WAC
				415-106-110.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › MEMBERSHIP › Section 415-106-105 - May I join PSERS if my duties qualify for PSERS membership, but my employer is not specifically listed in RCW 4137010?

Current through Register Vol. 24-14, July 15, 2024
You do not qualify for membership unless your employer is
				  specifically listed in RCW  41.37.010, even if your employer employs one or more
				  elected or appointed officials who are PSERS members.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(4).
					 08-02-046, §
											415-106-105, 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 › MEMBERSHIP › Section 415-106-110 - If I am a member of PERS, may I change my membership to PSERS?

Current through Register Vol. 24-14, July 15, 2024
You may have the right to change your retirement system
				  membership from PERS to PSERS according to the requirements in this
				  section.
(1) You may change retirement
				system membership from PERS to PSERS if:
(a)
				You were a member of either PERS Plan 2 or Plan 3 before July 1, 2006;
				and
(b) On July 1, 2006, you meet
				the requirements for membership in RCW  41.37.010; and
(c) You submit a properly completed election
				form to your employer between July 1, 2006, and September 30, 2006.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-200 - Purpose and scope of reportable compensation rules

Current through Register Vol. 24-14, July 15, 2024
WAC
				  415-106-205 through
				  415-106-330 codify the
				  department's interpretation of statutes and administrative practice regarding
				  classification of payments received by members. The department applies these
				  rules to all payments.
Statutory Authority:
					 RCW
					 41.50.050(5) and chapter
					 41.37 RCW. 08-02-046, §
											415-106-200, 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 415-106-205 - What is reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
Reportable compensation is subject to retirement system
				  contributions and is used in the calculation of your retirement benefit.
(1) The department determines whether
				payments you receive are reportable compensation based on the nature of the
				payment, not the name of the payment. The department considers the reason for
				the payment and whether the reason brings the payment within the statutory
				definition of "compensation earnable" in
				RCW
				41.37.010. It must:
(a) Be paid to you by an employer as a salary
				or wage for services you provided; or
(b) Qualify as reportable compensation under
				chapter 41.37 RCW or this chapter.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-106 - Public safety employees' retirement system › REPORTABLE COMPENSATION › Section 415-106-210 - What types of payments are considered reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
The following table indicates whether certain types of
				  payments are reportable compensation under PSERS, and provides a
				  cross-reference to the applicable WAC.
Type of Payment
PSERS Reportable Compensation?
Annual leave cash outs
No - WAC
								415-106-255
Assault pay (state employees)
Yes - WAC
								415-106-270
Base rate
Yes - WAC
								415-106-215
Cafeteria plans
Yes - WAC
								415-106-290
Deferred wages
Yes - WAC
								415-106-300
Disability insurance payments
No - WAC
								415-106-275
Disability: Salary imputed while on duty-disability
								leave
Yes - WAC
								415-106-270
Employer provided vehicle
No - WAC
								415-106-325
Employer taxes/contributions
No - WAC
								415-106-300
Fringe benefits, including insurance
No - WAC
								415-106-295
Illegal payments
No - WAC
								415-106-305
Legislative leave
Yes - WAC
								415-106-285
Longevity/education attainment pay
Yes - WAC
								415-106-215
Nonmoney compensation
No - WAC
								415-106-315
Optional payments
No - WAC
								415-106-310
Overtime payments
Yes - WAC
								415-106-220
Performance pay
Yes - WAC
								415-106-230
Paid leave
Yes - WAC
								415-106-260
Reimbursements
No - WAC
								415-106-320
Reinstatement payments
Yes - WAC
								415-106-240
Retirement or termination bonus
No - WAC
								415-106-235
Retroactive salary increase
Yes - WAC
								415-106-245
Severance pay
No - WAC
								415-106-250
Shared leave (state employees)
Yes - WAC
								415-106-270
Sick leave cash outs
No - WAC
								415-106-255
Standby pay
Yes - WAC
								415-106-225
Time off with pay
Yes - WAC
								415-106-255
Union leave1
Yes - WAC
								415-106-265
Unpaid leave2
Yes - WAC
								415-106-280
Vehicle allowances
No - WAC
								415-106-330
1Only specific types of union
				  leave are reportable. See WAC
				  415-106-265.
2Only the unpaid leave specified
				  in WAC 415-106-280(2) 
				  will be used in the calculation of your AFC.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.37.010(6).
					 08-02-046, §
											415-106-210, filed 12/27/07,
					 effective 1/27/08.