In order for payments to be subject to retirement system contributions and included in the calculation of a member's retirement benefit, those payments must meet the definition of compensation earnable in RCW
41.35.010.
(1) Payments for personal services rendered. To determine whether a payment meets this definition and can be reported, ask the following questions:
(a) Was the payment earned as a salary or wage for personal services rendered during a fiscal year? If the answer is no, the payment is not reportable. If the answer is yes, ask question (b).
(b) Was the payment paid by an employer to an employee? If the answer is no, the payment is not reportable. If the answer is yes, report the payment.
(2)
Payments included that are not for personal services rendered. The legislature has included certain specific payments within the definition of compensation earnable even though those payments are not for personal services rendered by the employee to the employer. (See WAC
415-110-464 through
415-110-469.)
(3) Reportable compensation is earned when the service is rendered, rather than when payment is made.
Example: | If a member works during September but does not receive payment for the work until October, the reportable compensation was earned during September and must be reported to the department as September earnings. |
(4) Salary characterizations are based upon the nature of the payment. A payment is reportable compensation if it meets the criteria of subsection (1) or (2) of this section. The name given to the payment or the document authorizing it is not controlling in determining whether the payment is reportable compensation. The department determines whether a payment is reportable compensation by considering:
(a) What the payment is for; and
(b) Whether the reason for the payment brings it within the statutory definition of compensation earnable.
Example: | A payment conditioned upon retirement is not reportable compensation. Attaching the label "longevity" to the payment does not change the fact that the payment is conditioned on retirement. Such a payment is not for services rendered and will not be counted as reportable compensation despite being identified by the employer as a longevity payment. |
(5)
Differences in reportable compensation between plans. WAC 415-110-445 through
415-110-488 define reportable compensation for each of the two SERS plans. The characterization of payments as reportable compensation or not reportable compensation in WAC
415-110-455 through
415-110-488 is the same for both SERS Plan 2 and SERS Plan 3.
[Statutory Authority: Chapters
41.32, 41.34, 41.35,
41.50 RCW. WSR 01-01-059, § 415-110-445, filed 12/12/00, effective 1/12/01.]