The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Authority" means the Washington state health care
authority.
(2) "Board" means the public employees' benefits board
established under RCW 41.05.055.
(3) "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.
(4) "Director" means the director of the authority.
(5) "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.
(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; and 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) "Employer" means the state of Washington.
(8) "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.
(9) "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.
(10) "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.
(11) "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.
(12) "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.
(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) "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.
(16) "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.
(17) "Salary" means a state employee's monthly salary or
wages.
(18) "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.
(19) "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.
(20) "Separated employees" means persons who separate from
employment with an employer as defined in:
(a) RCW 41.32.010(17) 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(33), 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.
(21) "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.
(22) "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.
[2011 1st sp.s. c 15 § 54; 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:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date -- Findings -- Intent -- Report -- Agency transfer -- References to head of health care authority -- Draft legislation -- 2011 1st sp.s. c 15: See notes following RCW 74.09.010.
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.