WSR 16-17-128 PERMANENT RULES DEPARTMENT OF RETIREMENT SYSTEMS [Filed August 23, 2016, 11:47 a.m., effective September 23, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: Eligibility for membership in the public safety employees' retirement system (PSERS) – membership in PSERS is defined in RCW 41.37.010 and 41.37.020. This amendment will clarify how the department interprets the statutes to determine eligibility.
Citation of Existing Rules Affected by this Order: Amending WAC 415-106-010 Definitions.
Statutory Authority for Adoption: RCW 41.50.050(5).
Adopted under notice filed as WSR 16-15-054 on July 15, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 23, 2016.
Marcie Frost
Director
AMENDATORY SECTION (Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)
WAC 415-106-010 Definitions.
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(14).
(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(4) employing members eligible for PSERS.
(((3))) (5) Full-time employee means an employee who is regularly scheduled to provide at least one hundred sixty hours of compensated service for an employer each calendar month.
(((4))) (6) LEOFF means the law enforcement officers' and firefighters' retirement system.
(((5))) (7) PERS means the public employees' retirement system.
(((6))) (8) 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.
(9) PSERS means the public safety employees' retirement system.
(((7))) (10) Reportable compensation means compensation earnable as that term is defined in RCW 41.37.010(6).
(((8))) (11) SERS means the school employees' retirement system.
(((9))) (12) TRS means the teachers' retirement system.
(((10))) (13) WSPRS means the Washington state patrol retirement system.
(((11) County corrections department means any subsection or unit of a county employing correctional employees.
(12) City corrections department means any subsection or unit of a city employing correctional employees.))
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