Section 415-108-457. Retroactive salary increases.

A retroactive salary payment to an employee who worked during the covered period is a payment of additional salary for services already rendered.

Note:	A retroactive salary increase is not the same as a retroactive payment upon reinstatement or in lieu of reinstatement of a terminated or suspended employee. For treatment of back payments for periods where services were not rendered, see WAC 415-108-467.

(1) To qualify as reportable compensation under this section, the payment must be a bona fide retroactive salary increase. To ensure that is the case, the retroactive payment must be made pursuant to:

(a) An order or conciliation agreement of a court or administrative agency charged with enforcing federal, state, or local statutes, ordinances, or regulations protecting employment rights;

(b) A bona fide settlement of such a claim before a court or administrative agency;

(c) A collective bargaining agreement; or

(d) Action by the personnel resources board which expressly states the payments are retroactive.

(2) The payments will be deemed earned in the period in which the work was done.

[Statutory Authority: RCW 41.50.050. WSR 98-09-059, § 415-108-457, filed 4/17/98, effective 5/18/98.]

RCW 41.50.050. WSR 98-09-059, § 415-108-457, filed 4/17/98, effective 5/18/98.

Rules

415-108-467,