WSR 17-17-118
PROPOSED RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed August 21, 2017, 3:59 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-11-133.
Title of Rule and Other Identifying Information: Washington state patrol retirement system, WAC 415-103-100 Are payments I receive reportable compensation?
Hearing Location(s): On September 26, 2017, at 11:00 a.m., at the Department of Retirement Systems (DRS), Conference Room 115, 6835 Capitol Boulevard S.E., Tumwater, WA 98502.
Date of Intended Adoption: September 26, 2017.
Submit Written Comments to: Jilene Siegel, DRS, P.O. Box 48380, Olympia, WA 98504-8380, email Rules@drs.wa.gov, by September 25, 2017.
Assistance for Persons with Disabilities: Contact Jilene Siegel, phone 360-664-7291, TTY 711, email Rules@drs.wa.gov, by September 22, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Implementing chapter 181, Laws of 2017 (SB 5274) which amends the definition of "salary" for Washington state patrol retirement system, to include up to seventy hours per year of overtime related to RCW 47.46.040 or voluntary overtime, earned on or after July 1, 2017.
Statutory Authority for Adoption: RCW 41.50.050(5).
Statute Being Implemented: Chapter 181, Laws of 2017.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Implementation: Seth Miller, DRS, P.O. Box 48380, Olympia, WA 98504, 360-664-7304.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(a)(1)[(i)] does not apply to this rule making. The rule impacts only public employers and members or beneficiaries of the state retirement systems.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
August 21, 2017
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-23-037, filed 11/13/02, effective 1/1/03)
WAC 415-103-100 Are payments I receive reportable compensation?
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(((23))).
Type of Payment
Commission Date: Prior to ((7/1/01)) 7/1/2001
Commission Date: On or after ((7/1/01)) 7/1/2001
Overtime related to RCW 47.46.040(((4))) or voluntary overtime, earned prior to ((7/1/01)) 7/1/2001
Yes
No
Overtime related to RCW 47.46.040(((4))) or voluntary overtime, earned on or after ((7/1/01)) 7/1/2001 and before 7/1/2017
No
No
((Voluntary overtime earned prior to 7/1/01
Yes
No
Voluntary overtime earned on or after 7/1/01
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 leave((1)) 3
No
No
 
Unused accumulated annual leave - 240 hour maximum((2)) 4
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).
 
((2)) 4See also RCW 43.43.263, 43.01.040 and 43.01.044.