WSR 05-09-056




[ Filed April 19, 2005, 8:50 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-06-040.

Title of Rule and Other Identifying Information: WAC 415-108-475 Fringe benefits, is being amended to correct a statutory citation. WAC 415-108-575 How is the compensation adjustment for elected officials computed?, is being amended to add the 2003 and 2004 compensation threshold under RCW 41.40.023.

Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard, Conference Room 115, Tumwater, WA, on May 24, 2005, at 9:00 a.m.

Date of Intended Adoption: May 25, 2005.

Submit Written Comments to: Leslie L. Saeger, Rules Coordinator, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail, fax (360) 753-3166, by 5:00 p.m. on May 24, 2005.

Assistance for Persons with Disabilities: Contact Leslie L. Saeger, Rules Coordinator, by May 16, 2005, TDD (360) 664-7291, TTY (360) 586-5450, phone (360) 664-7291.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Two amendments are being proposed; one to correct a statutory citation, and one to add the 2003 and 2004 compensation threshold under RCW 41.40.023.

Statutory Authority for Adoption: RCW 41.50.050(5).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Retirement Systems, governmental.

Name of Agency Personnel Responsible for Drafting: Leslie Saeger, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291; Implementation and Enforcement: Dorothy Bailey, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7291.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules have no effect on businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The Department of Retirement Systems is not one of the named departments in RCW 34.05.328.

April 19, 2005

Leslie Saeger

Rules and Contracts Coordinator


AMENDATORY SECTION(Amending WSR 03-06-042, filed 2/27/03, effective 4/1/03)

WAC 415-108-475   Fringe benefits.   Fringe benefits provided by an employer are not a salary or wage, and therefore are not reportable compensation. Fringe benefits include, but are not limited to:

(1) Employer retirement contributions;

(2) Any type of insurance such as medical, dental or life insurance; and any employer contribution to meet the premium or charge for the insurance; or

(3) Any employer payments into a private fund to provide health or welfare benefits for the member (or the member and the member's dependents), with the exception of compensation paid pursuant to a bona fide cafeteria plan, flexible benefit plan or similar arrangement as described in WAC ((415-108-459)) 415-108-455.

[Statutory Authority: RCW 41.50.050(5) and chapter 41.40 RCW. 03-06-042, 415-108-475, filed 2/27/03, effective 4/1/03. Statutory Authority: RCW 41.50.050. 99-14-008, 415-108-475, filed 6/24/99, effective 7/25/99; 98-09-059, 415-108-475, filed 4/17/98, effective 5/18/98.]

AMENDATORY SECTION(Amending WSR 03-08-090, filed 4/2/03, effective 5/1/03)

WAC 415-108-575   How is the compensation adjustment for elected officials computed?   (1) This section provides the department's inflation adjustment under RCW 41.40.023 (3)(b) regarding elected officials.

(2) The department uses the criteria in RCW 41.26.2401 in making annual inflation adjustments to the fifteen thousand dollar compensation threshold stated in RCW 41.40.023 (3)(b).

(3) The department adjusts the compensation threshold on April 1st of each year.2

(4) The department makes this information available upon request. For further information, please contact the department. Please see WAC 415-06-100 for contact information.

Footnotes to section:

1 The department uses this LEOFF statute because the statute explains how to use the Consumer Price Index for Seattle in making these annual adjustments.
2 In 2001, the threshold was $19,263. In 2002, the threshold was $19,948. In 2003, the threshold was $20,595. The 2004 threshold, effective April 2005, is $20,919.

[Statutory Authority: RCW 41.50.050(5), 41.40.023, 41.40.037. 03-08-090, 415-108-575, filed 4/2/03, effective 5/1/03.]

Washington State Code Reviser's Office