The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Accumulated contributions" means the sum of all
contributions standing to the credit of a member in the member's
individual account, including any amount paid under RCW 41.50.165(2), together with the regular interest thereon.
(2) "Actuarial equivalent" means a benefit of equal value
when computed upon the basis of such mortality and other tables
as may be adopted by the director.
(3) "Adjustment ratio" means the value of index A divided by
index B.
(4) "Annuity" means payments for life derived from
accumulated contributions of a member. All annuities shall be
paid in monthly installments.
(5)(a) "Average final compensation" means the member's
average compensation earnable of the highest consecutive sixty
months of service credit months prior to such member's
retirement, termination, or death. Periods constituting
authorized leaves of absence may not be used in the calculation
of average final compensation except under RCW 41.37.290.
(b) In calculating average final compensation under (a) of
this subsection, the department of retirement systems shall
include:
(i) Any compensation forgone by a member employed by a state
agency or institution during the 2009-2011 fiscal biennium as a
result of reduced work hours, mandatory or voluntary leave
without pay, temporary reduction in pay implemented prior to
December 11, 2010, or temporary layoffs if the reduced
compensation is an integral part of the employer's expenditure
reduction efforts, as certified by the employer; and
(ii) Any compensation forgone by a member employed by the
state or a local government employer during the 2011-2013 fiscal
biennium as a result of reduced work hours, mandatory leave
without pay, temporary layoffs, or reductions to current pay if
the reduced compensation is an integral part of the employer's
expenditure reduction efforts, as certified by the employer.
Reductions to current pay shall not include elimination of
previously agreed upon future salary increases.
(6) "Beneficiary" means any person in receipt of a
retirement allowance or other benefit provided by this chapter
resulting from service rendered to an employer by another person.
(7)(a) "Compensation earnable" for members, means salaries
or wages earned by a member during a payroll period for personal
services, including overtime payments, and shall include wages
and salaries deferred under provisions established pursuant to
sections 403(b), 414(h), and 457 of the United States internal
revenue code, but shall exclude nonmoney maintenance compensation
and lump sum or other payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual leave, or
any form of severance pay.
(b) "Compensation earnable" for members also includes the
following actual or imputed payments, which are not paid for
personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an
employer to an individual in lieu of reinstatement, which are
awarded or granted as the equivalent of the salary or wage which
the individual would have earned during a payroll period shall be
considered compensation earnable to the extent provided in this
subsection, and the individual shall receive the equivalent
service credit;
(ii) In any year in which a member serves in the
legislature, the member shall have the option of having such
member's compensation earnable be the greater of:
(A) The compensation earnable the member would have received
had such member not served in the legislature; or
(B) Such member's actual compensation earnable received for
nonlegislative public employment and legislative service
combined. Any additional contributions to the retirement system
required because compensation earnable under (b)(ii)(A) of this
subsection is greater than compensation earnable under (b)(ii)(B)
of this subsection shall be paid by the member for both member
and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100,
72.01.045, and 72.09.240;
(iv) Compensation that a member would have received but for
a disability occurring in the line of duty only as authorized by
RCW 41.37.060;
(v) Compensation that a member receives due to participation
in the leave sharing program only as authorized by RCW 41.04.650
through 41.04.670; and
(vi) Compensation that a member receives for being in
standby status. For the purposes of this section, a member is in
standby status when not being paid for time actually worked and
the employer requires the member to be prepared to report
immediately for work, if the need arises, although the need may
not arise.
(8) "Department" means the department of retirement systems
created in chapter 41.50 RCW.
(9) "Director" means the director of the department.
(10) "Eligible position" means any permanent, full-time
position included in subsection (19) of this section.
(11) "Employee" or "employed" means a person who is
providing services for compensation to an employer, unless the
person is free from the employer's direction and control over the
performance of work. The department shall adopt rules and
interpret this subsection consistent with common law.
(12) "Employer" means the Washington state department of
corrections, the Washington state parks and recreation
commission, the Washington state gambling commission, the
Washington state patrol, the Washington state department of
natural resources, and the Washington state liquor control board;
any county corrections department; any city corrections
department not covered under chapter 41.28 RCW; and any public
corrections entity created under RCW 39.34.030 by counties,
cities not covered under chapter 41.28 RCW, or both.
(13) "Final compensation" means the annual rate of
compensation earnable by a member at the time of termination of
employment.
(14) "Index" means, for any calendar year, that year's
annual average consumer price index, Seattle, Washington area,
for urban wage earners and clerical workers, all items, compiled
by the bureau of labor statistics, United States department of
labor.
(15) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(16) "Index B" means the index for the year prior to index
A.
(17) "Ineligible position" means any position which does not
conform with the requirements set forth in subsection (10) of
this section.
(18) "Leave of absence" means the period of time a member is
authorized by the employer to be absent from service without
being separated from membership.
(19) "Member" means any employee employed by an employer on
a full-time basis:
(a) Who is in a position that requires completion of a
certified criminal justice training course and is authorized by
their employer to arrest, conduct criminal investigations,
enforce the criminal laws of the state of Washington, and carry a
firearm as part of the job;
(b) Whose primary responsibility is to ensure the custody
and security of incarcerated or probationary individuals as a
corrections officer, probation officer, or jailer;
(c) Who is a limited authority Washington peace officer, as
defined in RCW 10.93.020, for an employer; or
(d) Whose primary responsibility is to supervise members
eligible under this subsection.
(20) "Membership service" means all service rendered as a
member.
(21) "Pension" means payments for life derived from
contributions made by the employer. All pensions shall be paid
in monthly installments.
(22) "Plan" means the Washington public safety employees'
retirement system plan 2.
(23) "Regular interest" means such rate as the director may
determine.
(24) "Retiree" means any person who has begun accruing a
retirement allowance or other benefit provided by this chapter
resulting from service rendered to an employer while a member.
(25) "Retirement" means withdrawal from active service with
a retirement allowance as provided by this chapter.
(26) "Retirement allowance" means monthly payments to a
retiree or beneficiary as provided in this chapter.
(27) "Retirement system" means the Washington public safety
employees' retirement system provided for in this chapter.
(28) "Separation from service" occurs when a person has
terminated all employment with an employer.
(29) "Service" means periods of employment by a member on or
after July 1, 2006, for one or more employers for which
compensation earnable is paid. Compensation earnable earned for
ninety or more hours in any calendar month shall constitute one
service credit month. Compensation earnable earned for at least
seventy hours but less than ninety hours in any calendar month
shall constitute one-half service credit month of service.
Compensation earnable earned for less than seventy hours in any
calendar month shall constitute one-quarter service credit month
of service. Time spent in standby status, whether compensated or
not, is not service.
Any fraction of a year of service shall be taken into
account in the computation of such retirement allowance or
benefits.
(a) Service in any state elective position shall be deemed
to be full-time service.
(b) A member shall receive a total of not more than twelve
service credit months of service for such calendar year. If an
individual is employed in an eligible position by one or more
employers the individual shall receive no more than one service
credit month during any calendar month in which multiple service
for ninety or more hours is rendered.
(30) "Service credit month" means a month or an accumulation
of months of service credit which is equal to one.
(31) "Service credit year" means an accumulation of months
of service credit which is equal to one when divided by twelve.
(32) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(33) "State elective position" means any position held by
any person elected or appointed to statewide office or elected or
appointed as a member of the legislature.
(34) "State treasurer" means the treasurer of the state of
Washington.
[2011 1st sp.s. c 5 § 4; 2011 c 68 § 1. Prior: 2010 2nd sp.s. c 1 § 905; 2010 1st sp.s. c 32 § 8; prior: 2007 c 492 § 11; 2007 c 294 § 1; 2006 c 309 § 2; 2005 c 327 § 4; 2004 c 242 § 2.]
NOTES:
Reviser's note: This section was amended by 2011 c 68 § 1 and by 2011 1st sp.s. c 5 § 4, 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).
Effective date -- 2011 1st sp.s. c 5: See note following RCW 41.26.030.
Retroactive application -- 2011 c 68: "This act applies retroactively to any public corrections entity existing on or after January 1, 2011." [2011 c 68 § 2.]
Effective date -- 2010 2nd sp.s. c 1: See note following RCW 38.52.105.
Intent -- Conflict with federal requirements -- Effective date -- 2010 1st sp.s. c 32: See notes following RCW 42.04.060.
Effective date -- 2006 c 309: See note following RCW 41.37.005.
Effective date -- 2005 c 327 §§ 4-7: "Sections 4 through 7 of this act take effect July 1, 2006." [2005 c 327 § 12.]