Washington Administrative Code

This section applies to members commissioned on or after January 1, 2003. (1) You may designate or change a beneficiary by submitting a Beneficiary Designation form to the department. Your designation will become effective upon the department’s receipt of the form, only if it is …

See chapter 415-02 WAC starting with WAC 415-02-300 for information on how the department uses factors and schedules to calculate optional retirement allowances of members of the Washington state patrol retirement system Plan 2.[Statutory Authority: RCW 41.50.050(5). WSR 13-18-03…

These rules are adopted to implement administration of chapter 41.26 RCW by the director of the department of retirement systems pursuant to RCW 41.26.051.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-016 (Order 87-4), § 415-104-005, filed 3/11/87.]

All definitions in RCW 41.26.030 and WAC 415-02-030 apply to terms used in this chapter. Other terms relevant to the administration of chapter 41.26 RCW are defined in this chapter.(1) Commissioned means that an employee is employed as an officer of a general authority Washington…

These rules shall govern the unique aspects of the administration of chapter 41.26 RCW, Law enforcement officers' and firefighters' retirement system (LEOFF).[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-016 (Order 87-4), § 415-104-015, filed 3/11/87.]

See chapter 415-06 WAC.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-016 (Order 87-4), § 415-104-025, filed 3/11/87.]

The director or the director's designee (director, designee or DRS) does not have authority to review local disability board findings or decisions regarding:(1) Whether a member’s disability was incurred in the line of duty under RCW 41.26.120 or not incurred in the line of duty …

Any person aggrieved by the decision of a local disability board may appeal the decision if it:(1) Denies disability leave;(2) Denies disability retirement; or(3) Cancels a previously granted disability retirement.The written notice of appeal must be submitted to DRS within thirt…

Under RCW 41.26.120(3) and 41.26.125(3), DRS must review a disability board's order to grant a disability retirement allowance. DRS must:(1) Affirm (approve) the board’s decision; or (2) Remand (send back) the case for further proceeding; or(3) Reverse (deny) the board’s decision…

DRS will review the appeal based on the record established by the disability board and materials appearing in the records of the department of retirement systems. DRS must:(1) Affirm (approve) the board's decision; or(2) Remand (send back) the case for further proceeding; or(3) R…

The applicant, the employer, and the department are parties to a hearing held under RCW 41.26.221. The disability board may appear at such hearing only in support of the department's decision.[Statutory Authority: RCW 41.50.050. WSR 99-16-075, § 415-104-070, filed 8/3/99, effecti…

The department has discretion to require an applicant for disability retirement to undergo a mental and/or physical examination prior to the hearing to be held pursuant to RCW 41.26.221. The cost of such examination is the responsibility of the department.[Statutory Authority: RC…

Any party aggrieved by a DRS final decision and order issued under RCW 41.26.211 may petition for judicial review within thirty days after the decision and order was mailed. Any party wishing to perfect a superior court appeal must comply with chapter 34.05 RCW, the Administrativ…

The director or his/her designated representative shall promptly file with the clerk of the court a certified copy of the complete record of the hearing before the director which shall, upon being so filed, become the record in such case. Appeal shall lie from the judgment of the…

See chapter 415-02 WAC starting with WAC 415-02-300 for information on how the department uses actuarial factors and schedules to calculate optional retirement allowances of members of the Washington state law enforcement officers' and firefighters' retirement system.[Statutory A…

(1) If you separate from LEOFF employment, but are not yet eligible to commence a normal retirement benefit, you will become a member in another DRS retirement system, if you meet the eligibility qualifications in that new system for purposes of your new position. You will become…

This rule applies to you if you are a LEOFF 2 retiree who returns to work in an eligible LEOFF, public employees' retirement system (PERS), public safety employees' retirement system (PSERS), school employees' retirement system (SERS), or teachers' retirement system (TRS) positio…

(1) At the time of a member's application for retirement, the department does not have all information necessary to make a final computation of the member's retirement allowance. The department shall compute an interim retirement allowance that shall be paid to the member until t…

The purpose of WAC 415-104-125 through 415-104-175 is to implement the provisions of RCW 41.26.135 to be followed by the department of retirement systems. These rules apply only to disability retirees over age fifty who seek a determination that their disability has ceased.[Statu…

(1) Under the provisions of RCW 41.26.135, DRS must review a disability board determination that an applicant's disability has ceased pursuant to RCW 41.26.130(3). DRS must:(a) Affirm (approve) the board's decision; or(b) Remand (send back) the case for further proceedings; or(c)…

A person aggrieved by:(1) The director's decision on review of the local board determination; or(2) The director's decision after review of the record on appeal must invoke the director's jurisdiction by filing a notice for hearing in accordance with RCW 41.26.211 and WAC 415-08-…

The director or his representative, in his/her discretion, may require a disability retiree to undergo a mental and/or physical examination prior to the hearing to be held pursuant to RCW 41.26.221. The cost of such examination is the responsibility of the department.[Statutory A…

The retiree has the burden of proof in the proceedings before the disability board and the director.[Statutory Authority: RCW 41.50.050(5) and 41.50.090. WSR 87-07-016 (Order 87-4), § 415-104-155, filed 3/11/87.]

The department will continue to pay monthly benefits when a disability board determines that a retiree's disability has ceased until there is a final determination from which no appeal is taken. The department will pay either the retiree's monthly service retirement allowance or …

In comparing the disability retirement allowance and the service retirement allowance as required by RCW 41.26.130(3), the department must:(1) Compute the service retirement allowance using a final average salary calculated as follows:(a) The department shall first calculate the …

(1) What are flexible survivor benefit options? RCW 41.26.164 allows a retiree to provide a survivor option for a spouse who is not eligible for survivor benefits under RCW 41.26.160 or 41.26.161. The survivor option will provide a lifetime benefit for the spouse after the retire…

If you retire for service under RCW 41.26.430 or nonduty disability under RCW 41.26.470, or if you choose to receive a monthly benefit for duty disability under RCW 41.26.470, you must choose to have your monthly retirement benefit paid to you by one of the options described in t…

WAC 415-104-225 through 415-104-240 codify the department's existing interpretation of statutes and existing administrative practice regarding eligibility for membership in LEOFF Plan I and Plan II. The department has applied and will apply these rules to determine eligibility fo…

If you are employed by an employer as a law enforcement officer or firefighter, you are required to be a LEOFF member.(1) Law enforcement officers.(a) You are a law enforcement officer if you are commissioned and employed on a fully compensated basis as a:(i) City police officer;…

(1) Your membership in the retirement system is terminated if you:(a) Die;(b) Separate from service; or(c) Cease to be employed as a law enforcement officer or full-time firefighter.(2) Defined terms used. Definitions for the following terms used in this section may be found in t…

(1) You may be required to meet minimum medical and health standards in order to establish or reestablish Plan 1 membership.You are required to meet minimum medical and health standards codified in WAC 415-104-500 through 415-104-755, if you:(a) Were first employed as a law enfor…

WAC 415-104-299 through 415-104-405 codify the department's existing interpretation of statutes and existing administrative practice regarding classification of payments as basic salary in LEOFF Plan I and LEOFF Plan II. The department has applied and will apply these rules to de…

The following table will help you determine whether certain types of payments are basic salary under LEOFF Plan 1 or 2. Be sure to read the referenced rule to ensure that you have correctly identified the payment in question. The department determines basic salary based upon the …

(1) Basic salary is the compensation used to determine LEOFF contributions and LEOFF retirement allowances. A payment from an employer to a member does not qualify as basic salary unless it meets the statutory definition of basic salary in RCW 41.26.030(13) which is explained in …

As used in WAC 415-104-299 through 415-104-405:(1) "Salary or wages" means payments for services rendered by a law enforcement officer or firefighter to an employer. Payments which are not for services rendered to an employer are not a salary or wage and do not qualify as basic s…

(1) A payment is LEOFF Plan I basic salary if it is part of the basic monthly rate of salary or wages attached to the position or longevity pay. Special salary or wages are not part of the basic monthly rate and do not qualify as basic salary.(2) Basic salary is earned when the s…

The basic monthly rate of compensation paid by an employer to a member for services rendered is basic salary in Plan I. "Basic monthly rate" means the rate of salary or wages attached to a position excluding overtime or special salary or wages.[Statutory Authority: RCW 41.50.050 …

(1) Deferred payments attached to a position are basic salary. If an employee defers a portion of his or her basic monthly rate of pay it is still basic salary. Deferred payments may include, but are not limited to: Member contributions to LEOFF; salaries or wages deferred pursua…

If a payment is part of the basic monthly rate of salary or wages attached to a position or is a longevity payment, it is basic salary even if the payment is retroactive. Payments upon reinstatement or in lieu of reinstatement are not considered retroactive basic salary increases…

Payments from an employer for authorized paid absences from work are basic salary.(1) Leave payments earned for services rendered: Most LEOFF members earn a certain number of leave hours per month, such as sick leave. The leave hours are earned by rendering service during the mon…

Additional payments to a member for working swing shift or night shift are attached to the duties of the position, e.g., working a nonstandard shift. Those payments are basic salary for LEOFF Plan I.[Statutory Authority: RCW 41.50.050 and 41.50.055. WSR 97-01-016, § 415-104-3204,…

Salary or wages that a member receives for additional duty assignments are a part of the basic salary attached to the member's position. Those payments are basic salary for LEOFF Plan I.Example:A police officer is assigned to the bomb squad and receives an additional monthly paym…

(1) Special salary or wages for services rendered are payments that do not qualify as basic salary because the payment is based upon the attributes of the individual instead of being attached to the position. A payment is not attached to a position if it is not tied to specific d…

(1) If an employer provides additional salary based upon the member's level of education that payment is based upon the attributes of the individual and is not attached to the position. It is a special salary or wage and is not basic salary.Example:An employer employs two differe…

Payments to a member for meeting or exceeding performance goals set by the employer are not attached to a position and are not basic salary.Example:An employer offers an annual bonus to members who do not have an accident for a year. The bonus is not part of the basic monthly rat…

Compensation paid under the provisions of a "cafeteria plan," "flexible benefits plan," or similar arrangement pursuant to section 125 of the United States Internal Revenue Code which give the member an absolute right to receive cash in lieu of the fringe benefits offered is a sp…

(1) A cash out for unused accrued leave is a deferred salary or wage for services previously rendered. A payment in lieu of an accrual of leave qualifies as a leave cash out. The payment is not basic salary in LEOFF Plan I because it is a special salary or wage in addition to the…