RCW 41.05.011
Definitions. (Effective until January 1,
2010.)
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) "Premium payment plan" means a benefit plan whereby
state and public employees may pay their share of group health
plan premiums with pretax dollars as provided in the salary
reduction plan under this chapter 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 salary
reduction 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.
(18) "Dependent care assistance program" means a benefit
plan whereby state and public employees may pay for certain
employment related dependent care with pretax dollars as provided
in the salary reduction plan under this chapter pursuant to 26
U.S.C. Sec. 129 or other sections of the internal revenue code.
(19) "Salary reduction plan" means a benefit plan whereby
state and public employees may agree to a reduction of salary on
a pretax basis to participate in the dependent care assistance
program, medical flexible spending arrangement, or premium
payment plan offered pursuant to 26 U.S.C. Sec. 125 or other
sections of the internal revenue code.
(20) "Medical flexible spending arrangement" means a benefit
plan whereby state and public employees may reduce their salary
before taxes to pay for medical expenses not reimbursed by
insurance as provided in the salary reduction plan under this
chapter pursuant to 26 U.S.C. Sec. 125 or other sections of the
internal revenue code.
[2008 c 229 § 2. Prior: 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:
Effective date -- 2008 c 229: See note following RCW 41.05.295.
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.
RCW 41.05.011
Definitions. (Effective January 1, 2010.)
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 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; justices of the
supreme court and judges of the court of appeals and the superior
courts; members of the state legislature. Pursuant to contractual
agreement with the authority, "employee" may also include: (a)
Employees of a county, municipality, or other political
subdivision of the state and members of the legislative authority
of any county, city, or town who are elected to office after
February 20, 1970, 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).
"Employee" does not include: Adult family homeowners; unpaid
volunteers; patients of state hospitals; inmates; employees of
the Washington state convention and trade center as provided in
RCW 41.05.110; students of institutions of higher education as
determined by their institution; and any others not expressly
defined as employees under this chapter or by the authority under
this chapter.
(7) "Seasonal employee" means an employee hired to work
during a recurring, annual season with a duration of three months
or more, and anticipated to return each season to perform similar
work.
(8) "Faculty" means an academic employee of an institution
of higher education whose workload is not defined by work hours
but whose appointment, workload, and duties directly serve the
institution's academic mission, as determined under the authority
of its enabling statutes, its governing body, and any applicable
collective bargaining agreement.
(9) "Board" means the public employees' benefits board
established under RCW 41.05.055.
(10) "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.
(11) "Premium payment plan" means a benefit plan whereby
state and public employees may pay their share of group health
plan premiums with pretax dollars as provided in the salary
reduction plan under this chapter pursuant to 26 U.S.C. Sec. 125
or other sections of the internal revenue code.
(12) "Salary" means a state employee's monthly salary or
wages.
(13) "Participant" means an individual who fulfills the
eligibility and enrollment requirements under the salary
reduction plan.
(14) "Plan year" means the time period established by the
authority.
(15) "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.
(16) "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.
(17) "Employer" means the state of Washington.
(18) "Employing agency" means a division, department, or
separate agency of state government, including an institution of
higher education; a county, municipality, school district,
educational service district, or other political subdivision; and
a tribal government covered by this chapter.
(19) "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.
(20) "Dependent care assistance program" means a benefit
plan whereby state and public employees may pay for certain
employment related dependent care with pretax dollars as provided
in the salary reduction plan under this chapter pursuant to 26
U.S.C. Sec. 129 or other sections of the internal revenue code.
(21) "Salary reduction plan" means a benefit plan whereby
state and public employees may agree to a reduction of salary on
a pretax basis to participate in the dependent care assistance
program, medical flexible spending arrangement, or premium
payment plan offered pursuant to 26 U.S.C. Sec. 125 or other
sections of the internal revenue code.
(22) "Medical flexible spending arrangement" means a benefit
plan whereby state and public employees may reduce their salary
before taxes to pay for medical expenses not reimbursed by
insurance as provided in the salary reduction plan under this
chapter pursuant to 26 U.S.C. Sec. 125 or other sections of the
internal revenue code.
[2009 c 537 § 3; 2008 c 229 § 2. Prior: 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:
Effective date -- 2009 c 537: See note following RCW 41.05.008.
Effective date -- 2008 c 229: See note following RCW 41.05.295.
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.