WSR 17-20-036
PERMANENT RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed September 28, 2017, 10:42 a.m., effective October 29, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Washington state patrol retirement system (WSPRS) overtime: Implementing chapter 181, Laws of 2017 (SB 5274) which amends the definition of "salary" for WSPRS, 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.
Citation of Rules Affected by this Order: Amending WAC 415-103-100.
Statutory Authority for Adoption: RCW 41.50.050(5).
Adopted under notice filed as WSR 17-17-118 on August 21, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 27, 2017.
Tracy Guerin
Director
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.