Wash. Admin. Code § 208-472-015

Current through Register Vol. 24-23, December 1, 2024
Section 208-472-015 - Definitions

Unless the context clearly requires otherwise, as used in this chapter:

(1) "Affiliate" of an enterprise or organization means a person that controls, is controlled by, or is under common control with, the enterprise or organization. "Control" means twenty-five percent or greater stock ownership.
(2) "Associational group" is a group with a common bond of association related to membership in an organization, or a portion of such a group. The organization must satisfy each of the following criteria:
(a) The organization's primary purpose must be other than providing eligibility for credit union services;
(b) The organization's membership must be primarily composed of natural persons; and
(c) The organization's organizational documents must define membership eligibility.

In regard to an associational group within a credit union's FOM bylaws, the credit union may admit to membership:

(i) Members of the organization;
(ii) Directors, employees, volunteers and retirees of the organization or its subsidiaries or affiliates;
(iii) Natural persons under contract to work for the organization or its subsidiaries or affiliates;
(iv) Family members (as determined by the credit union) of any of the above-described natural persons;
(v) The spouse of any of the above-described natural persons if the person qualified for membership at the time of his or her death;
(vi) The organization and its subsidiaries and affiliates;
(vii) Organizations and enterprises more than half of whose owners, members or employees are eligible to be members of the credit union; and
(viii) Other persons approved by the director.

Students of a school, college or university are deemed to be members of an organization that constitutes an associational group. In regard to such an associational group within a credit union's FOM bylaws, the credit union may admit to membership the students of the school, college or university as well as the family members (as determined by the credit union) of the students.

(3) "CAMEL" means the CAMEL rating system used by the division, or a successor rating system used by the division.
(4) "Community" is a well-defined geographic area that is recognized by those who live or work there as a neighborhood, community, or rural district, or a portion of such an area.

In regard to a community within a credit union's FOM bylaws, the credit union may admit to membership:

(a) Natural persons who live, work, worship or go to school in the community;
(b) Enterprises and organizations that have offices within the community, and natural persons under contract to work for the enterprises or organizations;
(c) Directors, employees, volunteers and retirees of the above-described enterprises or organizations;
(d) Family members (as determined by the credit union) of any of the above-described natural persons;
(e) The spouse of any of the above-described natural persons if the person qualified for membership at the time of his or her death;
(f) Enterprises and organizations more than half of whose owners, members or employees are eligible to be members of the credit union; and
(g) Other persons approved by the director.
(5) "Credit union" means a credit union organized (or chartered) and operating under chapter 31.12 RCW, and an out-of-state or foreign credit union operating in this state in accordance with RCW 31.12.471.
(6) "Director" means the director of financial institutions.
(7) "Division" means the division of credit unions of the Washington state department of financial institutions.
(8) "FOM" means field of membership.
(9) "FOM groups" includes occupational groups, associational groups and communities.
(10) "Occupational group" is a group with a common bond of occupation related to employment by, or work for, an enterprise, or a portion of such a group. The group must be primarily composed of natural persons.

In regard to an occupational group within a credit union's FOM bylaws, the credit union may admit to membership:

(a) Employees of the enterprise;
(b) Directors, employees, volunteers and retirees of the enterprise or its subsidiaries or affiliates;
(c) Natural persons under contract to work for the enterprise or its subsidiaries or affiliates;
(d) Family members (as determined by the credit union) of any of the above-described natural persons;
(e) The spouse of any of the above-described natural persons if the person qualified for membership at the time of his or her death;
(f) The enterprise and its subsidiaries and affiliates;
(g) Enterprises and organizations more than half of whose owners, members or employees are eligible to be members of the credit union; and
(h) Other persons approved by the director.
(11) "Primarily" or "primary" means more than one-half.
(12) "Qualified associational group" means an associational group located wholly or partly in the state. However, if the members of the organization in Washington exceed 6,299, the group will not be considered qualified unless the group is within the FOM bylaws of another credit union or federal credit union.

An associational group that does not satisfy this definition is considered to be a nonqualified associational group.

(13) "Qualified community" means a community in the state that constitutes a:
(a) School district;
(b) City; or
(c) County with a population of no more than 75 people per square mile.

A community that does not satisfy this definition is considered to be a nonqualified community.

(14) "Qualified occupational group" means an occupational group located wholly or partly in the state. However, if the members of the enterprise in Washington exceed 6,299, the group will not be considered qualified unless it is within the FOM bylaws of another credit union or federal credit union.

An occupational group that does not satisfy this definition is considered to be a nonqualified occupational group.

(15) "SOG" means a small occupational group added pursuant to a SOG enabling amendment approved by the director prior to . . . . . . . . (the effective date of the 2002 revisions to this chapter).

Wash. Admin. Code § 208-472-015

Statutory Authority: RCW 31.12.382, 31.12.516(2), (4), 43.320.040. 02-04-094, § 208-472-015, filed 2/5/02, effective 3/8/02. Statutory Authority: RCW 31.12.045(1) and [31.12].535. 96-17-070, § 208-472-015, filed 8/20/96, effective 9/20/96. 96-06-011, recodified as § 208-472-015, filed 2/23/96, effective 6/1/96. Statutory Authority: RCW 31.12.045, [31.12].115 and[31.12].535 . 95-09-049, § 419-72-015, filed 4/17/95, effective 5/18/95. Statutory Authority: RCW 31.12.045(2), 31.12.115, 31.12.516 and 31.12.535. 89-24-085 (Order 89-3), § 419-72-015, filed 12/6/89, effective 1/6/90.