WAC 415-108-010
Definitions in the public employees'
retirement system. All definitions in RCW 41.40.010 and WAC 415-02-030 apply to terms used in this chapter. Other terms
relevant to the administration of chapter 41.40 RCW are
defined in this chapter.
(1) Annual leave means leave provided by an employer for
the purpose of taking regularly scheduled work time off with
pay. Annual leave does not usually include leave for illness,
personal business if in addition to and different from
vacation leave, or other paid time off from work. However, if
an employer authorizes only one type of leave, covering paid
leave for vacation, illness, and any other excused absence
from work, such leave will be considered annual leave for
purposes of RCW 41.50.150.
(2) Level of union organization means a union or a lodge
or division of a union.
(3) Normally as used in the definition of eligible
position under RCW 41.40.010 means a position is eligible if
it is expected to require at least five months of seventy or
more hours of compensated service each month during each of
two consecutive years. Once a position is determined to be
eligible, it will continue to be eligible if it requires at
least five months of seventy or more hours of compensated
service during at least one year in any two-year period.
(4) Project position means a position, established by an
employer, which has a specific goal and end date.
(5) Public corporation means a public corporation created
under RCW 35.21.730. A public corporation may be admitted as
an "employer" under the definition in RCW 41.40.010(4).
(6) Report means an employer's reporting of an employee's
hours of service, compensation and contributions to the
department on the monthly transmittal report.
(7) Reportable compensation means compensation earnable
as that term is defined in RCW 41.40.010(8).
(8) Retirement plan as used in RCW 41.40.023 and in this
chapter, means any plan operated wholly or in part by the
state or a political subdivision. This includes, but is not
limited to:
(a) The retirement systems listed under RCW 41.50.030;
(b) The retirement systems of the cities of Seattle,
Spokane and Tacoma; or
(c) Any higher education plan authorized under RCW 28B.10.400.
(9) System acronyms used in this chapter are defined as
follows:
(a) "PERS" means the public employees' retirement system.
(b) "TRS" means the teachers' retirement system.
(c) "SERS" means the school employees' retirement system.
(10) Union means a labor guild, labor association, and/or
labor organization.
(11) Union employer means a union or a union lodge or
other division of a union which has verified that it meets the
definition of a Plan 1 employer in RCW 41.40.010.
(12) Year means any twelve consecutive month period
established and applied consistently by an employer to
evaluate the eligibility of a specific position. The term may
include, but is not limited to, a school year, calendar year
or fiscal year.
Example: An employer has used the twelve consecutive
month period from July 1 to June 30 to evaluate the
eligibility of positions. When the employer hires a new
employee to fill an existing position, the employer must
continue to use the July 1 through June 30 period to define a
year for the position.
Example: If the same employer in the above example hires
a person to work in a project position beginning in November,
the employer will use the twelve-month period beginning in
November to evaluate the eligibility of the new position. The
employer must consistently apply this twelve-month period to
evaluate the eligibility of this position.
[Statutory Authority: RCW 41.50.050(5) and chapter 41.40 RCW.
02-18-046, § 415-108-010, filed 8/28/02, effective 9/30/02. Statutory Authority: RCW 41.50.050(5), 35.21.730,41.40.010
(4), chapter 41.40 RCW. 01-21-090, § 415-108-010,
filed 10/22/01, effective 11/22/01. Statutory Authority: RCW 41.50.050. 98-09-059, § 415-108-010, filed 4/17/98, effective
5/18/98; 95-16-053, § 415-108-010, filed 7/25/95, effective
8/25/95. Statutory Authority: RCW 41.50.050 and Bowles v.
Retirement Systems, 121 Wn.2d 52 (1993). 94-11-009, §
415-108-010, filed 5/5/94, effective 6/5/94. Statutory
Authority: RCW 41.50.050(5) and 41.40.010 (4)(a). 93-11-077,
§ 415-108-010, filed 5/18/93, effective 6/18/93. Statutory
Authority: RCW 41.50.050(6) and 41.50.090. 78-03-023 (Order
IV), § 415-108-010, filed 2/15/78. Formerly WAC 184-01-025
and 184-01-035.]