(1) Subject to the
limitations contained in this section, for the purposes of *RCW 41.32.010(10)(a)(ii), earnable compensation means the
compensation the member would have received in the same position
if employed on a regular full-time basis for the same contract
period.
(2) In order to ensure that the benefit provided by this
section is not used to unfairly inflate a member's retirement
allowance, the department shall adopt rules having the force of
law to govern the application of this section.
(3)(a) In adopting rules which apply to a member employed by
a school district, the department may consult the district's
salary schedule and related workload provisions, if any, adopted
pursuant to RCW 28A.405.200. The rules may require that, in
order to be eligible for this benefit, a member's position must
either be included on the district's schedule, or the position
must have duties, responsibilities, and method of pay which are
similar to those found on the district's schedule.
(b) In adopting rules which apply to a member employed by a
community college district, the department may consult the
district's salary schedule and workload provisions contained in
an agreement negotiated pursuant to chapter 28B.52 RCW, or
similar documents. The rules may require that, in order to be
eligible for this benefit, a member's position must either be
included on the district's agreement, or the position must have
duties, responsibilities, and method of pay which are similar to
those found on the district's agreement. The maximum full-time
work week used in calculating the benefit for community college
employees paid on an hourly rate shall in no case exceed fifteen
credit hours, twenty classroom contact hours, or thirty-five
assigned hours.
(4) If the legislature amends or revokes the benefit
provided by this section, no affected employee who thereafter
retires is entitled to receive the benefit as a matter of
contractual right.
[1992 c 212 § 18; 1990 c 33 § 570; 1987 c 265 § 2. Formerly RCW 41.32.011.]
NOTES:
*Reviser's note: RCW 41.32.010 was amended by 1994 c 298 § 3, changing subsection (10)(a)(ii) to subsection (10)(a)(iii). RCW 41.32.010 was subsequently amended by 2003 c 31 § 1, changing subsection (10)(a)(iii) to subsection (10)(a)(iv).
Purpose -- Statutory references -- Severability -- 1990 c 33: See RCW 28A.900.100 through 28A.900.102.