RCW 41.05.011
Definitions. (Effective until January 1,
2009.)
Unless the context clearly requires otherwise, the
definitions in this section shall apply throughout this chapter.
(1) "Administrator" means the administrator of the
authority.
(2) "State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment
purchased with state and federal funds by the department of
social and health services, the department of health, the basic
health plan, the state health care authority, the department of
labor and industries, the department of corrections, the
department of veterans affairs, and local school districts.
(3) "Authority" means the Washington state health care
authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in
chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that allows
employees to choose the level of health care coverage provided
and the amount of employee contributions from among a range of
choices offered by the authority.
(6) "Employee" includes all full-time and career seasonal
employees of the state, whether or not covered by civil service;
elected and appointed officials of the executive branch of
government, including full-time members of boards, commissions,
or committees; and includes any or all part-time and temporary
employees under the terms and conditions established under this
chapter by the authority; justices of the supreme court and
judges of the court of appeals and the superior courts; and
members of the state legislature or of the legislative authority
of any county, city, or town who are elected to office after
February 20, 1970. "Employee" also includes: (a) Employees of a
county, municipality, or other political subdivision of the state
if the legislative authority of the county, municipality, or
other political subdivision of the state seeks and receives the
approval of the authority to provide any of its insurance
programs by contract with the authority, as provided in RCW 41.04.205; (b) employees of employee organizations representing
state civil service employees, at the option of each such
employee organization, and, effective October 1, 1995, employees
of employee organizations currently pooled with employees of
school districts for the purpose of purchasing insurance
benefits, at the option of each such employee organization; and
(c) employees of a school district if the authority agrees to
provide any of the school districts' insurance programs by
contract with the authority as provided in RCW 28A.400.350.
(7) "Board" means the public employees' benefits board
established under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a school
district or educational service district and are receiving a
retirement allowance under chapter 41.32 or 41.40 RCW as of
September 30, 1993;
(b) Persons who separate from employment with a school
district or educational service district on or after October 1,
1993, and immediately upon separation receive a retirement
allowance under chapter 41.32, 41.35, or 41.40 RCW;
(c) Persons who separate from employment with a school
district or educational service district due to a total and
permanent disability, and are eligible to receive a deferred
retirement allowance under chapter 41.32, 41.35, or 41.40 RCW.
(9) "Benefits contribution plan" means a premium only
contribution plan, a medical flexible spending arrangement, or a
cafeteria plan whereby state and public employees may agree to a
contribution to benefit costs which will allow the employee to
participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or
other sections of the internal revenue code.
(10) "Salary" means a state employee's monthly salary or
wages.
(11) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the benefits
contribution plan.
(12) "Plan year" means the time period established by the
authority.
(13) "Separated employees" means persons who separate from
employment with an employer as defined in:
(a) RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years
of service under the teachers' retirement system plan 3 as
defined in RCW 41.32.010(40), the Washington school employees'
retirement system plan 3 as defined in RCW 41.35.010, or the
public employees' retirement system plan 3 as defined in RCW 41.40.010.
(14) "Emergency service personnel killed in the line of
duty" means law enforcement officers and firefighters as defined
in RCW 41.26.030, members of the Washington state patrol
retirement fund as defined in RCW 43.43.120, and reserve officers
and firefighters as defined in RCW 41.24.010 who die as a result
of injuries sustained in the course of employment as determined
consistent with Title 51 RCW by the department of labor and
industries.
(15) "Employer" means the state of Washington.
(16) "Employing agency" means a division, department, or
separate agency of state government and a county, municipality,
school district, educational service district, or other political
subdivision, covered by this chapter.
[2007 c 488 § 2; 2005 c 143 § 1; 2001 c 165 § 2. Prior: 2000 c 247 § 604; 2000 c 230 § 3; 1998 c 341 § 706; 1996 c 39 § 21; 1995 1st sp.s. c 6 § 2; 1994 c 153 § 2; prior: 1993 c 492 § 214; 1993 c 386 § 5; 1990 c 222 § 2; 1988 c 107 § 3.]
NOTES:
Short title -- 2007 c 488: See note following RCW 43.43.285.
Effective date -- 2001 c 165 § 2: "Section 2 of this act takes effect March 1, 2002." [2001 c 165 § 5.]
Effective date--Application -- 2001 c 165: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and except for section 2 of this act takes effect immediately [May 7, 2001]. This act applies to all surviving spouses and dependent children of (1) emergency service personnel and (2) members of the law enforcement officers' and firefighters' retirement system plan 2, killed in the line of duty." [2006 c 345 § 2; 2001 c 165 § 6.]
Reviser's note: Contractual right not granted -- 2006 c 345: See note following RCW 41.26.510.
Effective date -- 2000 c 230: See note following RCW 41.35.630.
Effective date -- 1998 c 341: See RCW 41.35.901.
Effective dates -- 1996 c 39: See note following RCW 41.32.010.
Effective date -- 1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Intent -- 1994 c 153: "It is the intent of the legislature to increase access to health insurance for retired and disabled state and school district employees and to increase equity between state and school employees and between state and school retirees." [1994 c 153 § 1.]
Effective dates -- 1994 c 153: "This act shall take effect January 1, 1995, except section 15 of this act, which takes effect October 1, 1995." [1994 c 153 § 16.]
Findings -- Intent--1993 c 492: See notes following RCW 43.20.050.
Short title--Severability -- Savings--Captions not law--Reservation of legislative power--Effective dates--1993 c 492: See RCW 43.72.910 through 43.72.915.
Intent -- 1993 c 386: See note following RCW 28A.400.391.
Effective date -- 1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.
RCW 41.05.011
Definitions. (Effective January 1, 2009.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Administrator" means the administrator of the
authority.
(2) "State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment
purchased with state and federal funds by the department of
social and health services, the department of health, the basic
health plan, the state health care authority, the department of
labor and industries, the department of corrections, the
department of veterans affairs, and local school districts.
(3) "Authority" means the Washington state health care
authority.
(4) "Insuring entity" means an insurer as defined in chapter 48.01 RCW, a health care service contractor as defined in chapter 48.44 RCW, or a health maintenance organization as defined in
chapter 48.46 RCW.
(5) "Flexible benefit plan" means a benefit plan that allows
employees to choose the level of health care coverage provided
and the amount of employee contributions from among a range of
choices offered by the authority.
(6) "Employee" includes all full-time and career seasonal
employees of the state, whether or not covered by civil service;
elected and appointed officials of the executive branch of
government, including full-time members of boards, commissions,
or committees; and includes any or all part-time and temporary
employees under the terms and conditions established under this
chapter by the authority; justices of the supreme court and
judges of the court of appeals and the superior courts; and
members of the state legislature or of the legislative authority
of any county, city, or town who are elected to office after
February 20, 1970. "Employee" also includes: (a) Employees of a
county, municipality, or other political subdivision of the state
if the legislative authority of the county, municipality, or
other political subdivision of the state seeks and receives the
approval of the authority to provide any of its insurance
programs by contract with the authority, as provided in RCW 41.04.205 and 41.05.021(1)(g); (b) employees of employee
organizations representing state civil service employees, at the
option of each such employee organization, and, effective October
1, 1995, employees of employee organizations currently pooled
with employees of school districts for the purpose of purchasing
insurance benefits, at the option of each such employee
organization; (c) employees of a school district if the authority
agrees to provide any of the school districts' insurance programs
by contract with the authority as provided in RCW 28A.400.350;
and (d) employees of a tribal government, if the governing body
of the tribal government seeks and receives the approval of the
authority to provide any of its insurance programs by contract
with the authority, as provided in RCW 41.05.021(1) (f) and (g).
(7) "Board" means the public employees' benefits board
established under RCW 41.05.055.
(8) "Retired or disabled school employee" means:
(a) Persons who separated from employment with a school
district or educational service district and are receiving a
retirement allowance under chapter 41.32 or 41.40 RCW as of
September 30, 1993;
(b) Persons who separate from employment with a school
district or educational service district on or after October 1,
1993, and immediately upon separation receive a retirement
allowance under chapter 41.32, 41.35, or 41.40 RCW;
(c) Persons who separate from employment with a school
district or educational service district due to a total and
permanent disability, and are eligible to receive a deferred
retirement allowance under chapter 41.32, 41.35, or 41.40 RCW.
(9) "Benefits contribution plan" means a premium only
contribution plan, a medical flexible spending arrangement, or a
cafeteria plan whereby state and public employees may agree to a
contribution to benefit costs which will allow the employee to
participate in benefits offered pursuant to 26 U.S.C. Sec. 125 or
other sections of the internal revenue code.
(10) "Salary" means a state employee's monthly salary or
wages.
(11) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the benefits
contribution plan.
(12) "Plan year" means the time period established by the
authority.
(13) "Separated employees" means persons who separate from
employment with an employer as defined in:
(a) RCW 41.32.010(11) on or after July 1, 1996; or
(b) RCW 41.35.010 on or after September 1, 2000; or
(c) RCW 41.40.010 on or after March 1, 2002;
and who are at least age fifty-five and have at least ten years
of service under the teachers' retirement system plan 3 as
defined in RCW 41.32.010(40), the Washington school employees'
retirement system plan 3 as defined in RCW 41.35.010, or the
public employees' retirement system plan 3 as defined in RCW 41.40.010.
(14) "Emergency service personnel killed in the line of
duty" means law enforcement officers and firefighters as defined
in RCW 41.26.030, members of the Washington state patrol
retirement fund as defined in RCW 43.43.120, and reserve officers
and firefighters as defined in RCW 41.24.010 who die as a result
of injuries sustained in the course of employment as determined
consistent with Title 51 RCW by the department of labor and
industries.
(15) "Employer" means the state of Washington.
(16) "Employing agency" means a division, department, or
separate agency of state government; a county, municipality,
school district, educational service district, or other political
subdivision; and a tribal government covered by this chapter.
(17) "Tribal government" means an Indian tribal government
as defined in section 3(32) of the employee retirement income
security act of 1974, as amended, or an agency or instrumentality
of the tribal government, that has government offices principally
located in this state.
[2007 c 488 § 2; 2007 c 114 § 2; 2005 c 143 § 1; 2001 c 165 § 2. Prior: 2000 c 247 § 604; 2000 c 230 § 3; 1998 c 341 § 706; 1996 c 39 § 21; 1995 1st sp.s. c 6 § 2; 1994 c 153 § 2; prior: 1993 c 492 § 214; 1993 c 386 § 5; 1990 c 222 § 2; 1988 c 107 § 3.]
NOTES:
Reviser's note: This section was amended by 2007 c 114 § 2 and by 2007 c 488 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Short title--2007 c 488: See note following RCW 43.43.285.
Intent -- 2007 c 114: "Consistent with the centennial accord, the new millennium agreement, related treaties, and federal and state law, it is the intent of the legislature to authorize tribal governments to participate in public employees' benefits board programs to the same extent that counties, municipalities, and other political subdivisions of the state are authorized to do so." [2007 c 114 § 1.]
Effective date -- 2007 c 114: "This act takes effect January 1, 2009." [2007 c 114 § 8.]
Effective date -- 2001 c 165 § 2: "Section 2 of this act takes effect March 1, 2002." [2001 c 165 § 5.]
Effective date--Application -- 2001 c 165: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and except for section 2 of this act takes effect immediately [May 7, 2001]. This act applies to all surviving spouses and dependent children of (1) emergency service personnel and (2) members of the law enforcement officers' and firefighters' retirement system plan 2, killed in the line of duty." [2006 c 345 § 2; 2001 c 165 § 6.]
Reviser's note: Contractual right not granted -- 2006 c 345: See note following RCW 41.26.510.
Effective date -- 2000 c 230: See note following RCW 41.35.630.
Effective date -- 1998 c 341: See RCW 41.35.901.
Effective dates -- 1996 c 39: See note following RCW 41.32.010.
Effective date -- 1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Intent -- 1994 c 153: "It is the intent of the legislature to increase access to health insurance for retired and disabled state and school district employees and to increase equity between state and school employees and between state and school retirees." [1994 c 153 § 1.]
Effective dates -- 1994 c 153: "This act shall take effect January 1, 1995, except section 15 of this act, which takes effect October 1, 1995." [1994 c 153 § 16.]
Findings -- Intent--1993 c 492: See notes following RCW 43.20.050.
Short title--Severability -- Savings--Captions not law--Reservation of legislative power--Effective dates--1993 c 492: See RCW 43.72.910 through 43.72.915.
Intent -- 1993 c 386: See note following RCW 28A.400.391.
Effective date -- 1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: See note following RCW 28A.400.391.