Section 415-108-010 - Definitions in the public employees' retirement systemAll 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.(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)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 1st to June 30th 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 1st through June 30th 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 twelvemonth period to evaluate the eligibility of this position.
Wash. Admin. Code § 415-108-010
Amended by WSR 21-16-020, Filed 7/23/2021, effective 8/23/2021Statutory 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.