Washington Administrative Code

(1) The applicant must prove the existence of:(a) A disabling condition; and(b) Whether or not the condition was incurred in the line of duty.(2) The application must include the name of each physician contacted by the applicant within the last six months for the disabling illnes…

(1) The board must have the applicant examined during the fifth or sixth month of disability leave. The examination is to be performed by the board doctor or a specialist selected by the board doctor. The board shall not approve the disability retirement without this examination …

(1) The applicant is required to prove that he or she is disabled and unable to perform with average efficiency the duties of the position held at the time of discontinuance of service.(2) The board must determine, based on the evidence, that the applicant is disabled from perfor…

(1) After granting or denying a disability retirement allowance, the board must enter a written decision and order that includes:(a) Appropriate findings of fact supported by credible evidence sufficient to sustain the decision; and(b) Conclusions of law.(2) When a disability ret…

The disability board has the burden of proof in any proceeding to cancel a disability retirement allowance.[Statutory Authority: RCW 41.50.050. WSR 99-16-075, § 415-105-072, filed 8/3/99, effective 9/3/99.]

The board need not rely solely on medical evidence in making its determination. To cancel a disability retirement allowance, the board must demonstrate that:(1) The retiree is reasonably able to perform the ordinary duties of his or her former position or a position within the re…

(1) The board must immediately notify the applicant if the board:(a) Denies disability leave or retirement; or(b) Cancels a previously granted disability leave or retirement.(2) The board must advise the applicant of his or her right to appeal the board's decision to the director…

(1) Every retiree under 49.5 years of age must be medically reexamined every six months by the board doctor or approved physician, except as provided in subsection (4) of this section.(2) The retirement allowance of any retiree who fails to submit to a medical examination as requ…

These rules are adopted under RCW 41.26.115 to implement the provisions of RCW 41.26.130(3) and 41.26.135 and establish procedures to be followed by the applicant and the disability board. These rules apply only to a disability retiree age fifty and older who seeks a determinatio…

(1) When a disability retiree over age fifty believes that his/her disability has ceased, he/she may make application to cancel the disability retirement allowance. Such application shall be made to the disability board that originally considered the application for disability re…

The retiree has the burden of proof in the proceedings before the disability board.[Statutory Authority: RCW 41.50.050. WSR 99-16-075, § 415-105-120, filed 8/3/99, effective 9/3/99. Statutory Authority: RCW 41.26.115. WSR 87-07-015 (Order 87-3), § 415-105-120, filed 3/11/87.]

To obtain a determination that a disability has ceased, the retiree must demonstrate that:(1) He/she is reasonably able to perform the ordinary duties of his/her former position or position within his/her former rank with average efficiency; and(2) There has been a material chang…

(1) Before acting on an application, the disability board shall have the retiree examined by the board doctor as provided in WAC 415-105-030. If the board doctor has seen the retiree before in any capacity except evaluation on behalf of the disability board, the board doctor must…

(1) The board must review the application, the medical evaluation by the board doctor, and any other relevant evidence. The board must determine whether the retiree has met the standards set out in WAC 415-105-130 and is physically and mentally capable of performing his/her dutie…

These rules are adopted under RCW 41.26.115 to implement the provisions of RCW 41.26.130(3) and establish procedures to be followed by the applicant and the disability board in cases in which the applicant is under age fifty and believes that his/her disability has ceased.[Statut…

A disability retiree under age fifty who believes that his/her disability has ceased may apply for a determination that the disability has ceased. The application must be:(a) Made to the disability board which originally found the member to be disabled; and(b) In writing; and(c) …

(1) The board must review the application, the medical evaluation of the board doctor, and any other relevant evidence. The board must then determine whether the retiree has met the standards set out in WAC 415-105-130 and is physically and mentally capable of performing his/her …

The definitions in RCW 41.37.010 and WAC 415-02-030 apply to terms used in this chapter. Other terms relevant to the administration of chapter 41.37 RCW are defined in this chapter.(1) AFC means average final compensation as defined in RCW 41.37.010.(2) City corrections departmen…

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 for PSERS members.[Statutory Authority: RCW 41.50.050(5). WSR 13-18-034, § 415-106-080, filed 8/28/13, effective 10/1/1…

(1) You are eligible for PSERS membership if you meet the definition of member in RCW 41.37.010.(2) You are exempt from PSERS membership if:(a) One or more of the exemptions in RCW 41.37.020 apply to you;(b) You are a retirement system retiree, estopped from membership under RCW …

You do not qualify for membership unless your employer is specifically listed in RCW 41.37.010, even if your employer employs one or more elected or appointed officials who are PSERS members.[Statutory Authority: RCW 41.50.050 and 2023 c 199. WSR 24-11-015, § 415-106-105, filed 5…

You may have the right to change your retirement system membership from PERS to PSERS according to the requirements in this section.(1) You may change retirement system membership from PERS to PSERS if:(a) You were a member of either PERS Plan 2 or Plan 3 before July 1, 2006; and…

WAC 415-106-205 through 415-106-330 codify the department's interpretation of statutes and administrative practice regarding classification of payments received by members. The department applies these rules to all payments.[Statutory Authority: RCW 41.50.050(5) and chapter 41.37…

Reportable compensation is subject to retirement system contributions and is used in the calculation of your retirement benefit.(1) The department determines whether payments you receive are reportable compensation based on the nature of the payment, not the name of the payment. …

The following table indicates whether certain types of payments are reportable compensation under PSERS, and provides a cross-reference to the applicable WAC.Type of PaymentPSERS Reportable Compensation?Annual leave cash outsNo - WAC 415-106-255Assault pay (state employees)Yes - …

Most employees receive a base rate of salary or wages expressed as an hourly or monthly rate of pay. This payment is for services you provide and qualifies as reportable compensation. Your rate of salary may be based in part on longevity or educational attainment.(1) A member who…

Overtime is additional pay you earn for working time in excess of your regularly scheduled shift, and is reportable compensation. Some examples of overtime are:(1) Additional pay for working on a holiday. If you receive an extra payment for working on a scheduled holiday, the pay…

Standby means you are required by your employer to be prepared to report immediately for work if the need arises, although the need may not arise. According to RCW 41.37.010:(1) The pay you receive for being on standby qualifies as reportable compensation; however(2) The time you…

Performance pay for meeting certain performance goals is reportable compensation because it is paid for services provided. Employers must document the dates over which the performance pay is earned, and provide that information if requested by the department.Example:An employer o…

A payment made as a bonus or incentive to retire is not a payment for services provided, and is not reportable compensation.Example:A collective bargaining agreement authorizes a city to pay employees a higher salary during the last two years of employment if the employee gives w…

(1) Payments you receive upon reinstatement or instead of reinstatement are reportable compensation to the extent they are equivalent to the salary you would have earned by working in your position. RCW 41.37.010 defines these payments as reportable compensation even though they …

A retroactive salary increase occurs when your rate of pay is increased and made retroactive to a prior date. You receive a lump sum payment to cover the increase earned during the earlier period.(1) To qualify as reportable compensation under this section, the retroactive salary…

Severance pay, whether or not it is earned over time, is not reportable compensation. See RCW 41.37.010.[Statutory Authority: RCW 41.50.050. WSR 22-13-091, § 415-106-250, filed 6/13/22, effective 7/14/22. Statutory Authority: RCW 41.50.050(5) and 41.37.010(6). WSR 08-02-046, § 41…

(1) Sick and annual leave (used). Most PSERS members earn a certain number of sick leave and annual leave hours per month. These leave hours are earned by providing service during the month in which the leave accrues. The payment you receive when you use an earned leave day is re…

To the extent authorized by RCW 41.37.260, payment you receive from your employer while on an authorized paid leave of absence is reportable compensation provided that:(1) The payment does not exceed the salary for the position from which you are on leave; and(2) The payment is r…

If you take an authorized leave of absence to serve as an elected official of a labor organization and you receive payment from your employer during your leave, the payment may be reportable compensation even if the union reimburses your employer. To qualify as reportable compens…

Compensation you receive for periods of absence due to sickness or injury, which is not covered by earned sick leave, qualifies as reportable compensation only as authorized by RCW 41.37.010 and this section.(1) Assault pay qualifies as reportable compensation to the extent autho…

(1) Disability insurance payments are not reportable compensation, whether the payments come directly from your employer or from an insurance company.(2) Workers' compensation payments are not reportable compensation.Example:Susan, an employee on unpaid disability leave, submits …

(1) Authorized unpaid leave. If you establish service credit under RCW 41.37.260 for periods of unpaid leave, the compensation imputed to the period of time you are on leave will not be included in your AFC. See WAC 415-02-175.(2) Military leave. If you purchase service credit fo…

If you take leave without pay from an eligible PSERS position to serve in the legislature, you may elect to participate in PSERS as a legislator.For any year in which you serve in the legislature, you may choose that your reportable compensation be either:(1) The reportable compe…

Compensation you receive and apply toward a benefit plan under Internal Revenue Code (IRC) section 125 is reportable compensation if you have an absolute right to receive cash instead of participating in the plan. If there is no cash option, the value of participating in the plan…

Fringe benefits provided by an employer are not a salary or wage, and are not reportable compensation. Fringe benefits include, but are not limited to:(1) Employer retirement contributions;(2) Any type of insurance such as medical, dental or life insurance; and any employer contr…

Amounts withheld from your salary or wages are reportable compensation. Examples include:(1) Your member contributions to PSERS. Your employer's contributions are a fringe benefit and are not reportable compensation. See WAC 415-106-295.(2) Amounts withheld for federal income tax…

Payments made by an employer that go beyond the employer's legal authority are not reportable.[Statutory Authority: RCW 41.50.050(5). WSR 08-02-046, § 415-106-305, filed 12/27/07, effective 1/27/08.]

If you receive an additional payment only on the condition of taking an action other than providing service to your employer, the payment is not reportable compensation.Example:An employer offers to make a contribution to Joe's deferred compensation plan only if Joe agrees to hav…

Nonmoney compensation is compensation legally provided to you in a form other than money. Examples include: Living quarters, food, board, equipment, clothing, laundry, transportation, fuel and utilities. The value of nonmoney maintenance compensation you receive from your employe…

Reimbursements are not reportable compensation. Typical reimbursement payments include mileage reimbursements for use of a private car on employer business, or meal and lodging reimbursements for business trips.[Statutory Authority: RCW 41.50.050(5). WSR 08-02-046, § 415-106-320,…