reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-020 - Time limit for filing appeals - Procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Any party aggrieved by a petition
			 decision rendered pursuant to chapter 415-04 WAC may appeal the decision by
			 filing a notice of appeal within sixty days from the date such decision was
			 communicated to the party.
(2) The
			 appealing parties shall file the original and two copies of the notice of
			 appeal with the department. The department will acknowledge receipt of the
			 copies filed. The department's stamp placed upon such copies shall be prima
			 facie evidence of the date of receipt. The department may thereafter require
			 additional copies to be filed if necessary.
(3) If a party fails to file a timely appeal
			 the party waives the right to judicial review due to failure to exhaust
			 administrative remedies as required by
			 RCW
			 34.05.534.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-020, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-020, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-020, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-023 - Contents of the notice of appeal

Current through Register Vol. 24-14, July 15, 2024
The notice of appeal must contain:
(1) The name and mailing address of the
			 member or beneficiary, and the employer of the member;
(2) The name and legal residence of the
			 appealing party, together with the mailing address of his or her
			 representative, if any;
(3) In the
			 case of disability claims:
(a) The date and
			 nature of the accident, injury or disease, the place it occurred and location
			 of the employer, in the case of disability claims; and
(b) If the injury or disease did not occur in
			 the county where the member or beneficiary resides, the name of the county in
			 which the appealing party desires to have the hearing held and a city or town
			 most convenient within the county where the hearing is to be held;
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-025 - Presiding officer

Current through Register Vol. 24-14, July 15, 2024
The director will designate a presiding officer to issue an
				order. The director may issue a general or specific presiding officer
				designation.
(1) If the director
			 designates a presiding officer to issue a final order, that person shall be a
			 different person than director's designee under chapter 415-04 WAC.
(2) If the director designates a presiding
			 officer to issue a proposed order the director, or a person designated by the
			 director, will be the reviewing officer. In that event, the reviewing officer
			 will issue a final order.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-025, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-025, filed 5/18/93,
				  effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-027 - Parties may stipulate to the record on appeal

Current through Register Vol. 24-14, July 15, 2024
If the parties stipulate to a record, a hearing before the
				presiding officer may be waived by agreement of all parties. The presiding
				officer will then issue a final order on the stipulated
				record.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-027, filed 5/7/96,
				  effective 6/7/96.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-030 - Parties

Current through Register Vol. 24-14, July 15, 2024
The parties to an appeal shall be the appealing party or
				parties and the department. There is no obligation to serve notices, pleadings
				or correspondence upon any person who has not entered an appearance as a party.
				Service upon the representative of a party shall constitute service upon such
				party.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-030, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-030, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-030, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-040 - Representing another person before the presiding officer

Current through Register Vol. 24-14, July 15, 2024
Only the following persons may appear in a representative
				capacity before the presiding officer:
(1) Attorneys at law duly qualified and
			 entitled to practice before the supreme court of the state of
			 Washington.
(2) Attorneys at law
			 duly qualified and entitled to practice before the highest court of record of
			 any other state, if the attorneys at law of the state of Washington are
			 permitted to appear in a representative capacity before administrative agencies
			 of such other state, and if not otherwise prohibited by our state
			 law.
(3) A legal intern authorized
			 to practice law pursuant to Admission to Practice Rule (APR) 9 of the state
			 supreme court and subject to the limitations contained in said rule. A legal
			 intern shall not appear without the presence of the supervising attorney except
			 in
ex parte
matters and noncontested cases.
(4) A bona fide officer, partner, or
			 full-time employee of an individual firm, association, partnership, or
			 corporation who appears on behalf of the entity.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-040, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-040, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-040, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-050 - Appearance in certain proceedings may be limited to attorneys

Current through Register Vol. 24-14, July 15, 2024
In all hearings involving the taking of testimony and the
				formulation of a record subject to review by the courts, where the presiding
				officer determines that representation in such hearing requires a high degree
				of legal training, experience, and skill, the board or its examiner may limit
				those who may appear in a representative capacity to
				attorneys-at-law.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-050, filed 5/7/96,
				  effective 6/7/96; Order 4, §
										415-08-050, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-080 - Withdrawal or substitution of representatives

Current through Register Vol. 24-14, July 15, 2024
An attorney or other representative withdrawing from a case
				shall immediately so notify the presiding officer and all parties of record in
				writing, or shall state such withdrawal for the record at a conference or
				hearing. Any substitution of an attorney or representative shall be
				accomplished by written notification to the presiding officer and to all
				parties of record.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-080, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-080, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-080, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-090 - Ethical conduct required

Current through Register Vol. 24-14, July 15, 2024
All persons appearing in a representative capacity in
				proceedings before the presiding officer shall conform to the standards of
				ethical conduct required of attorneys before the courts of Washington. If any
				such person does not conform to such standards, the presiding officer may, in
				his/her discretion and depending on all the circumstances, admonish or
				reprimand such person, exclude such person from further participation in the
				proceedings and adjourn the same, or report the matter to the
				department.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-090, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-090, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-090, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-100 - Appearance by former employee of agency or former member of attorney general's staff

Current through Register Vol. 24-14, July 15, 2024
No former employee of the department or system or former member
				of the attorney general's staff may appear in a representative capacity on
				behalf of other parties in a formal proceeding wherein he or she previously
				took an active part as a representative of the department. No such former
				employee shall appear where to do so would violate
				RCW
				42.52.080.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-100, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-100, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-100, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-105 - Prehearing and posthearing memoranda

Current through Register Vol. 24-14, July 15, 2024
A presiding officer shall grant all timely requests to submit
				prehearing and posthearing memoranda, and shall set a reasonable time for the
				submission of memoranda. The department reserves the right to file a brief in
				response to any posthearing brief submitted by another party.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-105, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-105, filed 5/18/93,
				  effective 6/18/93.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-280 - Discovery

Current through Register Vol. 24-14, July 15, 2024
Any party may obtain discovery in the manner specified in
				Superior Court Civil Rule 26(a). The attendance of witnesses may be compelled
				by the use of a subpoena. Such discovery shall be governed generally by the
				procedures established by Superior Court Civil Rules 26-37,
				inclusive.
Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-280, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-280, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-280, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-08 - Appeals › Section 415-08-420 - Presentation of evidence - Burden of proof

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding officer shall determine the
			 proper order of presentation of evidence.
(2) The person appealing or requesting a
			 hearing shall have the burden of proof in the matter.
Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.060,
				  41.50.770,41.50.780, 2001 c 42. 02-12-084,
				  §
										415-08-420, filed 6/4/02,
				  effective 7/5/02. Statutory Authority:
				  RCW
				  41.50.050,
				  41.50.060 and
				  34.05.425. 96-11-036, §
										415-08-420, filed 5/7/96,
				  effective 6/7/96. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  34.05.250. 93-11-079, §
										415-08-420, filed 5/18/93,
				  effective 6/18/93; Order 4, §
										415-08-420, filed
				  7/27/77.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-010 - Can I purchase service credit after the statutory deadline?

Current through Register Vol. 24-14, July 15, 2024
RCW 41.50.165 generally allows you
				to purchase service credit that you failed to establish or reestablish within
				the statutory deadline.
(1)
You
			 must pay the actuarial value of the increase to your retirement benefit.
The actuarial value of the increase to your benefit means the cost to the
			 retirement system trust fund of:
(a)
			 Including the additional service credit in your retirement benefit calculation;
			 and
(b) Beginning your retirement
			 benefit at an earlier age, if applicable.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1)
Annual average salary
means:
(a) In PERS Plan 1, TRS Plan 1 or WSPRS Plan
			 1: The average of your two highest consecutive years of compensation as of the
			 date of your service credit purchase.
(b) In Plan 2 or Plan 3: The average of your
			 five highest consecutive years of compensation as of the date of your service
			 credit purchase.
(c) In PSERS: The
			 average of your five highest consecutive years of compensation as of the date
			 of your service credit purchase.
(d) In LEOFF Plan 1: The basic salary
			 attached to your position at the date of your service credit
			 purchase.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-030 - Calculation of cost to purchase service credit

Current through Register Vol. 24-14, July 15, 2024
The department will calculate the actuarial value of the
				service credit you purchase under
				RCW
				41.50.165(2) using the
				following formula:
Total Cost = Part 1 Cost + Part 2 Cost
Part 1: Annual Average Salary x Service Credit Years to
				Purchase x Factor 1
Part 2: Annual Average Salary x Current Service Credit Years x
				(Factor 1 Factor 2)
Factor 1 takes into consideration your current age and service
				credit, including the service credit you are purchasing.
Factor 2 takes into consideration your current age and service
				credit, excluding the service credit you are purchasing.
The Part 1 cost pays for the additional value of the service
				credit you plan to purchase.
The Part 2 cost pays for the increased value of your current
				service credit. The value of your current service credit may increase with this
				purchase because you may be eligible for earlier retirement, better early
				retirement factors, or both. For some situations the Part 2 cost will be
				$0.
Example: Purchase of additional service
				credit.
Ron is an active PERS Plan 2 member who currently has 5 years
				of service. Ron turned age 45 last month. His annual average salary is $40,000.
				Ron would like to purchase 15 years of service that he previously withdrew but
				did not restore before the deadline.
The department will calculate the cost of purchasing the
				service credit using the Service Credit Purchase Cost formula:
Total Cost = Part 1 Cost + Part 2 Cost
Part 1: Annual Average Salary x Service Credit Years to
				Purchase x Factor 1
Part 2: Annual Average Salary x Current Service Credit Years x
				(Factor 1 Factor 2)
The cost of Ron's purchase would be calculated as
				follows:
Part 1: $40,000 (Annual Average Salary) x 15 (Years to
				Purchase) x 0.1660* (Factor 1) = $99,600
Part 2: $40,000 (Annual Average Salary) x 5 (Current Service
				Credit) x (0.1660* 0.1128*)(Factor 1 - Factor 2) = $10,640
Ron's total cost to purchase 15 years of service credit is
				$110,240 (Part 1 + Part 2).
*Factors used are for illustration purposes in this example
				only as actuarial factors change periodically.
Statutory Authority:
				  RCW
				  41.50.050(5) and chapter
				  41.37 RCW. 08-02-048, §
										415-10-030, filed 12/27/07,
				  effective 1/27/08. Statutory Authority:
				  RCW
				  41.50.050(5),
				  41.50.165. 03-15-006, §
										415-10-030, filed 7/3/03,
				  effective 8/3/03; 02-03-120, §
										415-10-030, filed 1/23/02,
				  effective 3/1/02. Statutory Authority:
				  Chapter
				  41.50 RCW. 00-22-049,
				  §
										415-10-030, filed 10/27/00,
				  effective 11/27/00. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.165. 97-01-014, §
										415-10-030, filed 12/6/96,
				  effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-040 - Calculation of cost to purchase service credit for members of PERS Plan 1, TRS Plan 1 or WSPRS Plan 1 or 2

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-050 - Restrictions on purchasing service credit

Current through Register Vol. 24-14, July 15, 2024
(1)
You may not purchase service credit
			 under RCW
			 41.50.165(2) if your
			 deadline to establish or reestablish the service credit has not
			 expired.
(2)
If you
			 are reestablishing credit you must purchase at least the service credit you
			 earned in any one calendar month of employment.
(3)
If you are establishing optional
			 service credit , you must purchase the entire period of service.
(4)
Your ability to purchase
			 service credit may be limited by Internal Revenue Code restrictions.
The
			 department may limit the amount of service credit you may purchase in any
			 calendar year in order to stay within the maximum employee contribution limits
			 established by the Internal Revenue Code for 401(a) tax qualified
			 plans.
(5)
You may not make
			 installment payments.
If you purchase service credit under this section,
			 you must make payment in a single lump-sum as determined by the department for
			 each unit of service credit purchased.
(6)
Purchasing service credit will not
			 move you from one plan to another.
Plan membership is based upon the
			 date your retirement system membership was established. Purchasing prior
			 service credit does not change the date you first established membership and
			 therefore does not change your plan membership.
Statutory Authority:
				  Chapter
				  41.50 RCW. 00-22-049,
				  §
										415-10-050, filed 10/27/00,
				  effective 11/27/00. Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.165. 97-01-014, §
										415-10-050, filed 12/6/96,
				  effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-060 - Crediting service credit purchases

Current through Register Vol. 24-14, July 15, 2024
If you do not purchase all of your previously withdrawn service
				credit, the department will recredit your purchased service beginning with the
				oldest month of service canceled by your withdrawal.
Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.165. 97-01-014, §
										415-10-060, filed 12/6/96,
				  effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-070 - Requesting an estimate - Requesting a bill

Current through Register Vol. 24-14, July 15, 2024
(1)
The department will provide you a
			 service credit purchase estimate upon request.
If, after receiving the
			 estimate, you wish to purchase some or all of the available credit you must
			 request a bill . Your request must identify the amount of service credit you
			 wish to purchase.
(2)
Your
			 bill will be based on a specific date of payment.
The cost to purchase
			 the service credit could change if you attempt to pay after the specific
			 payment date listed on the bill. If you do not make payment by the bill's due
			 date but still wish to purchase service credit, you must request a new bill
			 from the department.
Statutory Authority:
				  RCW
				  41.50.050 and
				  41.50.165. 97-01-014, §
										415-10-070, filed 12/6/96,
				  effective 1/6/97.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-10 - Purchase of service credit after statutory deadline RCW 41.50.165 › Section 415-10-100 - Can a Plan 3 member purchase service credit?

Current through Register Vol. 24-14, July 15, 2024
(1)
Transferring purchased Plan 2
			 credit under
			 RCW
			 41.50.165(2) into Plan
			 3.
If you purchase Plan 2 service credit under this chapter and later
			 enter Plan 3, that credit will also transfer to Plan 3.
(a) Fifty percent of the money you paid to
			 purchase the service credit will be credited to the Plan 3 defined contribution
			 account.
(b) The other fifty
			 percent will be credited to the Plan 3 defined benefit plan established under
			 RCW
			 41.32.831 for TRS Plan 3,
			 RCW
			 41.35.600 for SERS Plan 3, and
			 RCW
			 41.40.780 for PERS Plan 3.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted to implement administration of chapter
				2.10 RCW by the director of the department of retirement systems pursuant to
				RCW
				2.10.052.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-014 (Order
				  87-02), §
										415-100-005, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-015 - Scope

Current through Register Vol. 24-14, July 15, 2024
These rules shall govern the unique aspects of the
				administration of chapter 2.10 RCW, Judicial retirement
				system.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-014 (Order
				  87-02), §
										415-100-015, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-025 - Public records

Current through Register Vol. 24-14, July 15, 2024
See chapter 415-06 WAC.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-014 (Order
				  87-02), §
										415-100-025, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-035 - Retirement for service

Current through Register Vol. 24-14, July 15, 2024
Any judge who voluntarily leaves service after having served an
				aggregate of fifteen years but prior to attaining age sixty shall be eligible
				to apply for and receive a service retirement allowance computed according to
				RCW
				2.10.110 commencing upon his/her attainment
				of age sixty. Such allowance shall be computed in accordance with
				RCW
				2.10.110 and
				2.10.030(9)(b).
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-014 (Order
				  87-02), §
										415-100-035, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-045 - Definition of member

Current through Register Vol. 24-14, July 15, 2024
(1)
			 "Member" means:
(a) A judge as defined in
			 RCW
			 2.10.030(2), who elected to
			 exchange survivor benefits, filed the requisite documents with the department
			 pursuant to
			 RCW
			 2.10.140(2), and is making
			 contributions to the system; or
(b)
			 A former judge as defined in
			 RCW
			 2.10.030(2), who elected to
			 exchange survivor benefits, filed the requisite documents with the department
			 pursuant to
			 RCW
			 2.10.140(2), and left
			 accumulated contributions in the system; or
(c) A retiree.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-051 - Married member's benefit selection-Spousal consent required

Current through Register Vol. 24-14, July 15, 2024
The member, if married, must provide the spouse's consent to
				the option selected under WAC
				415-100-055,
				verified by a notarized signature or other means acceptable to the department.
				If a married member does not provide verified consent, the department will pay
				the retired member a joint and one-half survivor benefit allowance and record
				the member's spouse as the survivor, in compliance with
				RCW
				2.10.146(2).
Statutory Authority:
				  RCW
				  2.10.146,
				  41.26.460,
				  41.32.530,
				  41.50.050,
				  41.32.785,
				  41.40.188 and
				  41.40.660. 96-01-047, §
										415-100-051, filed 12/14/95,
				  effective 1/14/96. Statutory Authority:
				  RCW
				  34.05.050 and 1990 c 249. 91-03-013, §
										415-100-051, filed 1/7/91,
				  effective 2/7/91.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-055 - Retirement benefit options

Current through Register Vol. 24-14, July 15, 2024
RCW
				2.10.146, enables the department to provide
				retiring members with four retirement benefit options. The member must choose
				an option when applying for service or disability retirement.
(1)
Option One: Benefit option without
			 survivor features (standard allowance).
The department pays the retiree
			 a monthly retirement allowance based solely on the single life of the member,
			 in accordance with
			 RCW
			 2.10.146. When the retiree dies, all benefits
			 cease. Any remaining balance of the retiree's accumulated contributions will be
			 paid to:
(a) Such person or persons, trust,
			 or organization as the judge has nominated by written designation duly executed
			 and filed with the department of retirement systems; or
(b) If there is no such designated person or
			 persons still living at the time of the judge's death, then to the surviving
			 spouse; or
(c) The member's estate;
			 or
(d) If there is neither such
			 designated person or persons still living at the time of death nor a surviving
			 spouse, then to the judge's legal representative.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-100 - Judicial retirement system › Section 415-100-190 - Actuarial recomputation of retirement allowance upon retirement following reemployment

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The purpose of this rule is to establish a method to actuarially recompute the
			 retirement allowance of a plan member who retires, reenters employment causing
			 his or her retirement allowance to be suspended, and then retires
			 again.
(2) If a member initially
			 retired at or after age sixty and reentered membership, upon the member's next
			 retirement, the department shall recompute the member's retirement allowance
			 pursuant to
			 RCW
			 2.10.110. In recomputing the member's
			 retirement allowance, the department shall include any additional service
			 credit earned and any applicable increase in the member's average final
			 compensation resulting from the member's reentry into membership. Under no
			 circumstances shall a retiree receive a retirement allowance creditable to a
			 month during which that individual earned service credit.
(3) If a retiree's retirement allowance is
			 suspended under
			 RCW
			 2.10.155 due to reemployment in an eligible
			 position but the retiree does not reenter membership, upon the retiree's
			 separation from such employment, the retiree shall receive an actuarially
			 recomputed retirement allowance equal to the sum of:
(a) The amount of the monthly suspended
			 retirement allowance; plus
(b) An
			 actuarially computed increase based upon the retirement allowance payments the
			 member did not receive due to reemployment including cost-of-living
			 adjustments. The retiree may elect to receive the actuarially computed increase
			 in either:
(i) An amount amortized over the
			 expected term of the recomputed retirement allowance; or
(ii) A lump sum payment equal to the
			 suspended retirement allowance plus interest.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-010 - WSPRS definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
The definitions in
			 RCW
			 43.43.120 and
			 41.50.010 apply to this chapter.
			 In case of conflict between definitions,
			 RCW
			 43.43.120 will prevail.
(2)
Membership.
(a) WSPRS Plan 1 refers to members of the
			 Washington state patrol retirement system commissioned before January 1,
			 2003.
(b) WSPRS Plan 2 refers to
			 members of the Washington state patrol retirement system commissioned on or
			 after January 1, 2003.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-100 - Are payments I receive reportable compensation?

Current through Register Vol. 24-14, July 15, 2024
The following table will help you determine whether certain
				types of payments are reportable compensation. The department determines
				reportable compensation based upon the nature of the payment, not the name
				applied. See "salary" as defined in
				RCW
				43.43.120.
Type of Payment
Commission Date: Prior to 1/1/2003
Commission Date: On or after 1/1/2003
Overtime related to
						RCW
						47.46.040 or voluntary overtime, earned prior
						to 7/1/2001
Yes
N/A
Overtime related to
						RCW
						47.46.040 or voluntary overtime, earned on or
						after 7/1/2001 and before 7/1/2017
No
No
Overtime up to 70 hours per
						year1 in total related to either
						RCW
						47.46.040 or voluntary overtime, earned on or
						after 7/1/20172
Yes
Yes
Overtime in excess of 70 hours per
						year1 in total related to either
						RCW
						47.46.040 or voluntary overtime, earned on or
						after 7/1/2017
No
No
Fringe benefits including, but not limited to, any type of
						insurance, or contributions for insurance, such as medical, dental, or life
						insurance, for members and/or their dependents
No
No
Lump sum payments for:
Deferred annual sick leave3
No
No
Unused accumulated annual leave - 240 hour
						maximum4
Yes
No
Holiday pay - 80 hour maximum
Yes
No
1"Year" means "state fiscal year,"
				which is the twelve-month period that begins on July 1st and ends on June 30th
				of the next calendar year.
2The combined total of overtime
				included in the average final salary, related to either
				RCW
				47.46.040 or voluntary overtime, may not
				exceed one hundred forty hours for WSPRS Plan 1, or three hundred fifty hours
				for WSPRS Plan 2.
3See also
				RCW
				41.04.340(4).
4See also
				RCW
				43.43.263,
				43.01.040
				and
				43.01.044.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  chapter
				  43.43 RCW. 02-23-037,
				  §
										415-103-100, filed 11/13/02,
				  effective 1/1/03.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-215 - What are the WSPRS Plan 1 retirement benefit options?

Current through Register Vol. 24-14, July 15, 2024
This section only applies to members commissioned before
				January 1, 2003.
(1) When retiring for
			 service, a married member can choose either Option A (historic retirement
			 option) under
			 RCW
			 43.43.260 and
			 43.43.270
			 or Option B under RCW 43.43.-278. Both options include a survivor option that
			 entitles the eligible surviving spouse and any eligible children to receive a
			 monthly benefit after the retiree dies.
(2)
Option A (historic retirement
			 option and survivor benefit).
The department pays the retiree a monthly
			 retirement benefit in accordance with
			 RCW
			 43.43.260 (Benefits). The department pays
			 survivor benefits in accordance with
			 RCW
			 43.43.270 (Retirement allowances).
(a)
Surviving spouse.
When the
			 retiree dies, the department pays the retiree's surviving spouse a monthly
			 retirement benefit equal to the gross monthly benefit then payable to the
			 retiree, or a benefit equal to fifty percent of the average final salary (AFS)
			 used to determine the retiree's benefit, whichever is less.
(b)
Surviving children when there is a
			 surviving spouse.
If the retiree has a surviving spouse and surviving
			 unmarried children under the age of eighteen years, each child shall be
			 entitled to a benefit equal to five percent of the retiree's average final
			 salary (AFS) at retirement. The combined benefits to the surviving spouse and
			 all children cannot exceed sixty percent of the retiree's AFS.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-225 - What are my WSPRS Plan 2 retirement benefit options?

Current through Register Vol. 24-14, July 15, 2024
This section applies to WSPRS Plan 2 members. Upon retirement
				for service under
				RCW
				43.43.250, you must choose to have your
				monthly retirement benefit paid to you by one of the options described in this
				section.
(1)
Which option will
			 pay my beneficiary a monthly benefit after my death?
Options described
			 in subsection (2)(b) through (d) of this section include a survivor option. The
			 person you name at the time of retirement to receive a monthly benefit after
			 your death is referred to as your "survivor beneficiary." Upon your death your
			 survivor beneficiary will be entitled to receive a monthly benefit for the
			 duration of his or her life. Your monthly retirement benefit will be
			 actuarially reduced to offset the cost of the survivor option. See WAC
			 415-02-380 for more information
			 on how your monthly benefit is affected by choosing a survivor
			 option.
(2)
What are my
			 benefit options?
(a)
Option one:
			 Standard benefit (nonsurvivor option).
The department will pay you a
			 monthly retirement benefit throughout your life. Your monthly benefit will
			 cease upon your death.
(b)
Option two: Joint and 100 percent survivor benefit.
The department
			 will pay you a reduced monthly retirement benefit throughout your lifetime.
			 After your death, your survivor beneficiary will receive a gross monthly
			 benefit equal to your gross monthly benefit.
(c)
Option three: Joint and 50 percent
			 survivor benefit.
The department will pay you a reduced monthly
			 retirement benefit throughout your lifetime. After your death, your survivor
			 beneficiary will receive a gross monthly benefit equal to 50 percent of your
			 gross monthly benefit.
(d)
Option four: Joint and two-thirds survivor benefit.
The department
			 will pay you a reduced monthly retirement benefit throughout your lifetime.
			 After your death, your survivor beneficiary will receive a gross monthly
			 benefit equal to two-thirds (66.667 percent) of your gross monthly
			 benefit.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-275 - How do I designate a beneficiary, and who will receive a distribution if I die before retirement?

Current through Register Vol. 24-14, July 15, 2024
This section applies to members commissioned on or after
				January 1, 2003.
(1) You may designate
			 or change a beneficiary by submitting a Beneficiary Designation form to the
			 department. Your designation will become effective upon the department's
			 receipt of the form, only if it is completed properly and signed by you and a
			 witness.
(2) You may name one or
			 more of the following as a beneficiary or beneficiaries:
(a) An organization or person, including
			 unborn or later adopted children. However, unborn or later adopted children
			 must be specifically designated as beneficiaries on the form. You must indicate
			 the date of birth for any living person you name as a beneficiary.
(b) Your estate.
(c) An existing trust, or a trust to be
			 established at a later date or under your last will. If you designate a trust
			 that is not in existence at the time of your death, or is not created under
			 your last will, the designation will be invalid. Before making distribution to
			 any trust, the department must receive:
(i) A
			 copy of the entire trust document;
(ii) The name, address, telephone number of
			 the current trustee; and
(iii) The
			 tax identification number.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-103 - Washington state patrol retirement system (WSPRS) › Section 415-103-300 - 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 of members of the Washington state patrol retirement system plan
				2.
Statutory Authority:
				  RCW
				  41.50.050(5) and chapter
				  41.45 RCW. WSR 02-18-048, §
										415-103-300, filed 8/28/02,
				  effective 9/1/02.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-005 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted to implement administration of
				chapter
				41.26 RCW by the director
				of the department of retirement systems pursuant to RCW
				41.26.051.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-005, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-015 - Scope

Current through Register Vol. 24-14, July 15, 2024
These rules shall govern the unique aspects of the
				administration of
				chapter
				41.26 RCW, Law enforcement
				officers' and firefighters' retirement system (LEOFF).
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-015, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-025 - Public records

Current through Register Vol. 24-14, July 15, 2024
See chapter 415-06 WAC.
Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-025, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-035 - Jurisdiction of director

Current through Register Vol. 24-14, July 15, 2024
The director or the director's designee (director, designee or
				DRS) does not have authority to review local disability board findings or
				decisions regarding:
(1) Whether a
			 member's disability was incurred in the line of duty under
			 RCW
			 41.26.120 or not incurred in the line of duty
			 under RCW
			 41.26.125; or
(2) A member's right to the employer's
			 payment for medical services pursuant to
			 RCW
			 41.26.030(22) and
			 41.26.150.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-035, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-035, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-045 - Appeal of a local disability board decision

Current through Register Vol. 24-14, July 15, 2024
Any person aggrieved by the decision of a local disability
				board may appeal the decision if it:
(1) Denies disability leave;
(2) Denies disability retirement;
			 or
(3) Cancels a previously granted
			 disability retirement.
The written notice of appeal must be submitted to DRS within
				thirty days in accordance with
				RCW
				41.26.200.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-045, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-045, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-050 - Review of disability board action - Appeal of director's decision

Current through Register Vol. 24-14, July 15, 2024
Under
				RCW
				41.26.120(3) and
				41.26.125(3), DRS
				must review a disability board's order to grant a disability retirement
				allowance. DRS must:
(1) Affirm
			 (approve) the board's decision; or
(2) Remand (send back) the case for further
			 proceeding; or
(3) Reverse (deny)
			 the board's decision.
DRS must serve a copy of the decision on the applicant,
				employer, and disability board. DRS must notify the applicant of the right to
				file a notice for hearing (an appeal under
				RCW
				41.26.200 ) if the DRS decision denies the
				disability retirement allowance.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-050, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-050, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-060 - Records reviewed on appeals filed under RCW 41.26.200

Current through Register Vol. 24-14, July 15, 2024
DRS will review the appeal based on the record established by
				the disability board and materials appearing in the records of the department
				of retirement systems. DRS must:
(1)
			 Affirm (approve) the board's decision; or
(2) Remand (send back) the case for further
			 proceeding; or
(3) Reverse (deny)
			 the board's decision.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-060, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-060, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-070 - Parties to a de novo hearing

Current through Register Vol. 24-14, July 15, 2024
The applicant, the employer, and the department are parties to
				a hearing held under
				RCW
				41.26.221. The disability board may appear at
				such hearing only in support of the department's decision.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-070, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-070, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-080 - The department can require an examination

Current through Register Vol. 24-14, July 15, 2024
The department has discretion to require an applicant for
				disability retirement to undergo a mental and/or physical examination prior to
				the hearing to be held pursuant to
				RCW
				41.26.221. The cost of such examination is
				the responsibility of the department.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-080, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-080, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › Section 415-104-090 - Notice of appeal to the superior court

Current through Register Vol. 24-14, July 15, 2024
Any party aggrieved by a DRS final decision and order issued
				under RCW
				41.26.211 may petition for judicial review
				within thirty days after the decision and order was mailed. Any party wishing
				to perfect a superior court appeal must comply with
				chapter
				34.05 RCW, the
				Administrative Procedure Act.
Statutory Authority:
				  RCW
				  41.50.050. 99-16-075, §
										415-104-090, filed 8/3/99,
				  effective 9/3/99. Statutory Authority:
				  RCW
				  41.50.050(5) and
				  41.50.090. 87-07-016 (Order 87-4),
				  §
										415-104-090, filed
				  3/11/87.
Washington Administrative Code › Title 415 - Retirement Systems, Department of › Chapter 415-104 - Law enforcement officers' and firefighters' retirement system › GENERAL ADMINISTRATION › Section 415-104-100 - Certification of record

Current through Register Vol. 24-14, July 15, 2024
The director or his/her designated representative shall
				  promptly file with the clerk of the court a certified copy of the complete
				  record of the hearing before the director which shall, upon being so filed,
				  become the record in such case. Appeal shall lie from the judgment of the
				  superior court to the court of appeals or the supreme court as in other
				  cases.
Statutory Authority:
					 RCW
					 41.50.050(5) and
					 41.50.090. 87-07-016 (Order 87-4),
					 §
											415-104-100, filed 3/11/87.
					 Statutory Authority:
					 RCW
					 41.50.050(6) and
					 41.50.090. 78-03-023 (Order IV),
					 §
											415-104-100, filed 2/15/78.
					 Formerly WAC 297-20-010.