WSR 16-15-054
PROPOSED RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed July 15, 2016, 12:19 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-10-096.
Title of Rule and Other Identifying Information: WAC 415-106-010 Public safety employees' retirement system (PSERS) definitions.
Hearing Location(s): Department of Retirement Systems, 6835 Capitol Boulevard S.E., Conference Room 115, Tumwater, WA 98502, on Tuesday, August 23, 2016, at 9:00 a.m.
Date of Intended Adoption: August 23, 2016.
Submit Written Comments to: Jilene Siegel, Department of Retirement Systems, P.O. Box 48380, Olympia, WA 98504-8380, e-mail jilenes@drs.wa.gov, fax (360) 753-1090, by August 22, 2016, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Jilene Siegel by August 20, 2016, TTY (866) 377-8895 or (360) 586-5450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment will clarify how the department interprets statutory provisions for determining eligibility for membership in PSERS.
Statutory Authority for Adoption: RCW
41.50.050(5).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Jacob White, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7219; Implementation: Seth Miller, P.O. Box 48380, Olympia, WA 98504-8380, (360) 664-7304.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. These rules do not impact small businesses and are not being submitted by the state board of education.
A cost-benefit analysis is not required under RCW 34.05.328. The department of retirement systems is not listed in RCW
34.05.328 as required to prepare a cost-benefit analysis.
July 15, 2016
Jilene Siegel
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-02-046, filed 12/27/07, effective 1/27/08)
WAC 415-106-010 Definitions.
The definitions in RCW
41.37.010 and WAC 415-02-030 apply to terms used in this chapter. Other terms relevant to the administration of chapter
41.37 RCW are defined in this chapter.
(1)
AFC means average final compensation as defined in RCW
41.37.010(14).
(2) City corrections department means any subsection or unit of a city employing correctional employees.
(3) County corrections department means any subsection or unit of a county employing correctional employees.
(4) Employer means the state or local government entities as defined in RCW
41.37.010(4) employing members eligible for PSERS.
(((3))) (5) Full-time employee means an employee who is regularly scheduled to provide at least one hundred sixty hours of compensated service for an employer each calendar month.
(((4))) (6) LEOFF means the law enforcement officers' and firefighters' retirement system.
(((5))) (7) PERS means the public employees' retirement system.
(((6))) (8) Primary responsibility means the fundamental, crucial job duty performed in a position. It does not include marginal responsibilities, which are extra or incidental to the primary responsibility. The primary responsibility of a position may be considered the primary responsibility because:
(a) The position exists to perform that function; or
(b) There are a limited number of employees available who could perform that function; or
(c) The function is highly specialized, and the incumbent is hired for special expertise or ability to perform it.
(9) PSERS means the public safety employees' retirement system.
(((7))) (10) Reportable compensation means compensation earnable as that term is defined in RCW
41.37.010(6).
(((8))) (11) SERS means the school employees' retirement system.
(((9))) (12) TRS means the teachers' retirement system.
(((10))) (13) WSPRS means the Washington state patrol retirement system.
(((11) County corrections department means any subsection or unit of a county employing correctional employees.
(12) City corrections department means any subsection or unit of a city employing correctional employees.))
