(1)
Disability leave supplement. Under certain circumstances, LEOFF II members are entitled to a disability leave supplement for periods of disability leave. See RCW
41.04.500 through
41.04.550.
(a) Employer contributions to the disability leave supplement under RCW
41.04.510(3) are not a salary or wage for services rendered and do not qualify as basic salary. Although the payments are paid leave, they are specifically excluded from basic salary by RCW
41.04.525.
(b) The member paid portion of the disability leave supplement is funded through use of the member's accumulated sick or vacation leave. This portion of the disability leave supplement is, therefore, basic salary, see WAC
415-104-373. The member will receive only partial service credit for the accumulated leave portion of the disability leave supplement.
(c) A member may apply to receive full service credit for some periods of duty disability under RCW
41.26.470(3).
(2)
Workers' compensation. Payments made to a member under Title
51 RCW are neither a salary or wage for services rendered nor paid leave. The payments are not basic salary for LEOFF II. This is true whether the payments come from the workers' compensation trust fund or from an employers' self-insurance program authorized under Title
51 RCW.
(3) Private insurance. Some employers provide additional disability insurance as a supplement to workers' compensation. Any payment from a third party insurance company is neither paid leave nor payment for services rendered. It does not qualify as basic salary for LEOFF Plan II.
(4)
Disability leave banks. If an employer maintains a disability leave bank which may be used to make salary replacement payments for members during periods of disability, such payments are paid leave and qualify as basic salary subject to the provisions of WAC
415-104-373.
[Statutory Authority: RCW
41.50.050(5). WSR 16-10-122, § 415-104-380, filed 5/4/16, effective 6/4/16. Statutory Authority: RCW
41.50.050 and
41.50.055. WSR 97-01-016, § 415-104-380, filed 12/6/96, effective 1/6/97.]