Wash. Admin. Code § 415-105-070 - Decision and order

Current through Register Vol. 21-18, September 15, 2021

(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 retirement allowance is granted, the decision and order and all supporting documentation must be sent to the director of the department of retirement systems.
(a) The accompanying findings of fact shall include at least the following:
(i) The applicant's length of service with the employer and the position held at discontinuance of service;
(ii) The names of the examining physicians and the dates of the examinations;
(iii) The nature of the disability;
(iv) Whether or not the disability was incurred in the line of duty;
(v) Whether or not the disability was incurred in other employment;
(vi) Dates encompassing disability leave;
(vii) Dates related to authorized return to duty on a trial basis and the factual basis for the decision; and
(viii) Dates encompassing waiver of disability leave, if applicable, and that applicant established that the disability will be continuous for at least six months.
(b) The supporting documentation shall include a copy of at least the following:
(i) The application for disability benefits showing the applicant's current mailing address;
(ii) The job description accurately reflecting the duties of the position the applicant held at discontinuance of service;
(iii) Employer statement(s), if any, relevant to the applicant's position and/or fitness for duty;
(iv) All medical and other evidence considered by the board; and
(v) The minutes and/or transcript of all meetings at which the applicant's disability status was considered.

Notes

Wash. Admin. Code § 415-105-070

Statutory Authority: RCW 41.50.050. 99-16-075, § 415-105-070, filed 8/3/99, effective 9/3/99. Statutory Authority: RCW 41.26.115. 87-07-015 (Order 87-3), § 415-105-070, filed 3/11/87; 81-23-032 (Order 81-03), § 415-105-070, filed 11/16/81.

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.