[Filed May 20, 2020, 11:22 a.m.]

Preproposal statement of inquiry was filed as WSR 20-08-131.

Title of Rule and Other Identifying Information: Washington state patrol retirement system, reportable compensation, WAC 415-103-100 Are payments I receive reportable compensation?

Hearing Location(s): On June 23, 2020, at 10:30 a.m.

The hearing will be conducted by telephone conference only: 360.407.3830 or 855.682.0796 (toll free). Conference ID: 435261.

Date of Intended Adoption: June 24, 2020.

Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, email drs.rules@drs.wa.gov, by June 16, 2020.

Assistance for Persons with Disabilities: Contact Jilene Siegel, phone 360-664-7291, email drs.rules@drs.wa.gov, by June 16, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement chapter 97, Laws of 2020 (SB 6218), modifying the definition of salary for Washington state patrol retirement system Plan 1 members who entered the system on or after July 1, 2001, to include lump sum payments for holiday pay and unused vacation leave for the purpose of calculating pension benefits.

Statutory Authority for Adoption: RCW 41.50.050.

Statute Being Implemented: RCW 43.43.120.

Name of Proponent: Department of retirement systems (DRS), governmental.

Name of Agency Personnel Responsible for Implementation: Seth Miller, DRS, P.O. Box 48380, Olympia, WA 98504-8380, 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)(i) does not apply to this proposed rule and is not voluntarily made applicable by the agency.

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; and rule content is explicitly and specifically dictated by statute.

AMENDATORY SECTION(Amending WSR 17-20-036, filed 9/28/17, effective 10/29/17)

WAC 415-103-100Are 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.

Type of Payment		Commission Date: Prior to ((7/1/2001))1/1/2003	Commission Date: On or after ((7/1/2001))1/1/2003
Overtime related to RCW 47.46.040 or voluntary overtime, earned prior to 7/1/2001		Yes	((No))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.
2	The 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.
3	See also RCW 41.04.340(4).
4	See also RCW 43.43.263, 43.01.040 and 43.01.044.