Washington Code > Chapter 6.26 – Prejudgment garnishment
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Terms Used In Washington Code > Chapter 6.26 - Prejudgment garnishment
- Accumulated additional contributions: means the sum of all "additional contributions" made by a member standing to the credit of the individual account, together with regular interest thereon. See Washington Code 41.44.030
- Accumulated contributions: means the sum of all contributions standing to the credit of a member in the member's individual account, including any amount paid under RCW 41. See Washington Code 41.40.010
- Accumulated normal contributions: means the sum of all normal contributions, deducted from the compensation of a member, standing to the credit of his or her individual account, together with regular interest thereon. See Washington Code 41.44.030
- Actuarial equivalent: means a benefit of equal value when computed upon the basis of such mortality and other tables as may be adopted by the director. See Washington Code 41.40.010
- Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of such mortality tables as shall be adopted by the board of trustees. See Washington Code 41.44.030
- Actuarial value of assets: means the value of pension plan investments and other property used by the actuary for the purpose of an actuarial valuation. See Washington Code 41.45.020
- Actuary: means the state actuary or the office of the state actuary. See Washington Code 41.34.020
- actuary: means the person appointed pursuant to RCW 44. See Washington Code 41.40.010
- Additional contributions: means contributions made pursuant to subsection (6) of RCW 41. See Washington Code 41.44.030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annual increase: means , initially, fifty-nine cents per month per year of service which amount shall be increased each July 1st by three percent, rounded to the nearest cent. See Washington Code 41.40.010
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Annuity: means payments for life derived from accumulated contributions of a member. See Washington Code 41.40.010
- Annuity: means payments derived from contributions made by a member as provided herein. See Washington Code 41.44.030
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means any person in receipt of a pension, annuity, retirement allowance, disability allowance, or any other benefit herein. See Washington Code 41.44.030
- Board: means the "board of trustees" provided for herein. See Washington Code 41.44.030
- cities: includes town or towns. See Washington Code 41.44.030
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Compensation: means the compensation payable in cash, plus the monetary value, as determined by the board of trustees, of any allowance in lieu thereof (but for the purposes of this chapter such "compensation" shall not exceed three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not later than July 1, 1953, have irrevocably elected by resolution or ordinance to increase the limitation herein contained, effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or which shall so elect prior to January 1st of any succeeding year, effective as of January 1st of any such succeeding year, and as to such employees shall, commencing on the specified date, not exceed four hundred dollars or an amount equal to such increased limitation established by such ordinance or resolution per month): PROVIDED HOWEVER, That the foregoing limitation shall not apply to uniformed personnel. See Washington Code 41.44.030
- Compensation earnable: means the full rate of compensation that would be payable to an employee if he or she worked the full normal working time (but for the purposes of this chapter, such "compensation earnable" shall not exceed three hundred dollars per month, except as to those employees of any member city the legislative body of which shall not later than July 1, 1953, have irrevocably elected by resolution or ordinance to increase the limitation herein contained, effective as to all of its employees, from three hundred dollars to four hundred dollars, commencing on said date, or which shall so elect prior to January 1st of any succeeding year, effective as of January 1st of any such succeeding year, and as to such employees shall, commencing on the specified date, not exceed four hundred dollars or an amount equal to such increased limitation established by such ordinance or resolution per month): PROVIDED, HOWEVER, That the foregoing limitation shall not apply to uniformed personnel: PROVIDED FURTHER, That after January 1, 1968 this term shall mean the full rate of compensation payable to an employee if he or she worked the full normal working time. See Washington Code 41.44.030
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Council: means the pension funding council created in RCW 41. See Washington Code 41.45.020
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Creditable service: means such service as is evidenced by the record of normal contributions, plus prior service as evidenced by prior service certificate. See Washington Code 41.44.030
- Current service: means service after the employee has become a member of the system. See Washington Code 41.44.030
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of retirement systems. See Washington Code 41.34.020
- Department: means the department of retirement systems created in chapter 41. See Washington Code 41.40.010
- Department: means the department of retirement systems. See Washington Code 41.45.020
- Director: means the director of the department. See Washington Code 41.40.010
- Effective date: when used with regard to employees means the date on which any individual or group of employees became members of any retirement system and when used with regard to any city or town shall mean the date on which it became a participant. See Washington Code 41.44.030
- Eligible position: means :
Washington Code 41.40.010employed: means a person who is providing services for compensation to an employer, unless the person is free from the employer's direction and control over the performance of work. See Washington Code 41.40.010 Employee: means any appointive officer or employee and shall include elective officials to the extent specified herein. See Washington Code 41.44.030 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Excess interest income: means that interest income earned and received from investments in excess of the interest income on investments required to meet actuarial funding requirements. See Washington Code 41.44.030 Final compensation: means the annual rate of compensation earnable by a member at the time of termination of employment. See Washington Code 41.40.010 Final compensation: means the highest average annual compensation earnable in any five consecutive years of actual service rendered during the ten years immediately preceding retirement, or where the employee has less than five consecutive years of actual service, the earnable compensation for the last five years preceding his or her retirement. See Washington Code 41.44.030 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor government contractor: is a ny entity, including a partnership, limited liability company, for-profit or nonprofit corporation, or person, that provides services pursuant to a contract with an "employer. See Washington Code 41.40.010 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Index: means , for any calendar year, that year's annual average consumer price index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor. See Washington Code 41.40.010 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Leave of absence: means the period of time a member is authorized by the employer to be absent from service without being separated from membership. See Washington Code 41.40.010 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Member: means any employee included in the membership of a retirement system as provided for in chapter 41. See Washington Code 41.34.020 Member: means any employee included in the membership of the retirement system, as provided for in RCW 41. See Washington Code 41.40.010 Member: means any person included in the membership of the retirement system as provided herein. See Washington Code 41.44.030 Membership service: means :
Washington Code 41.40.010Miscellaneous personnel: means officers and employees other than those in the uniformed police or fire service: PROVIDED, Those members of the fire department who are ineligible to the benefits of a firefighters' pension system established by or pursuant to any other state law, are also included in the miscellaneous personnel. See Washington Code 41.44.030 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC New member: means a person who becomes a member on or after April 1, 1949, except as otherwise provided in this section. See Washington Code 41.40.010 Normal contributions: means the contributions at the rate provided for in RCW 41. See Washington Code 41.44.030 Normal cost: means the portion of the actuarial present value of projected benefits and expenses that is allocated to a period, typically twelve months, under the actuarial cost method. See Washington Code 41.45.020 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Part time employees: means those employees who, although regularly and continuously employed, do not regularly perform their duties the full number of hours required of other regular employees, including but not confined to such employees as police judges, city attorneys, and other officers and employees who are also engaged in outside employment or occupations. See Washington Code 41.44.030 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Pension: means payments for life derived from contributions made by the employer. See Washington Code 41.40.010 Pension: means payments derived from contributions made by the city as provided herein. See Washington Code 41.44.030 person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080 Personal property: All property that is not real property. Persons having an insurable interest in his or her life: means and includes only such persons who, because of relationship from ties of blood or marriage, have reason to expect some benefit from the continuation of the life of the member. See Washington Code 41.44.030 Plaintiff: The person who files the complaint in a civil lawsuit. Prior service: means all service of an original member rendered to any employer prior to October 1, 1947. See Washington Code 41.40.010 Prior service: means the service of a member for compensation rendered a city prior to the effective date and shall include service in the armed forces of the United States to the extent specified herein and service specified in RCW 41. See Washington Code 41.44.030 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Quorum: The number of legislators that must be present to do business. Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee. Regular interest: means such rate as the director may determine. See Washington Code 41.40.010 Regular interest: means interest compounded annually at such rate as shall have been adopted by the board of trustees in accordance with the provisions of this chapter. See Washington Code 41.44.030 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Retiree: means any person who has begun accruing a retirement allowance or other benefit provided by this chapter resulting from service rendered to an employer while a member. See Washington Code 41.40.010 Retirement: means withdrawal from active service with a retirement allowance as provided by this chapter. See Washington Code 41.40.010 Retirement allowance: means the sum of the annuity and the pension. See Washington Code 41.40.010 Retirement allowance: means the pension plus annuity. See Washington Code 41.44.030 Retirement fund: means "statewide city employees retirement fund" provided for herein. See Washington Code 41.44.030 Retirement system: means the public employees' retirement system provided for in this chapter. See Washington Code 41.40.010 Retirement system: means the statewide city employees retirement system provided for herein. See Washington Code 41.44.030 Select committee: means the select committee on pension policy created in RCW 41. See Washington Code 41.45.020 Service: means service rendered to a city for compensation; and for the purpose of this chapter a member shall be considered as being in service only while he or she is receiving compensation from the city for such service or is on leave granted for service in the armed forces of the United States as contemplated in RCW 41. See Washington Code 41.44.030 Service credit month: means a month or an accumulation of months of service credit which is equal to one. See Washington Code 41.40.010 Service credit year: means an accumulation of months of service credit which is equal to one when divided by twelve. See Washington Code 41.40.010 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. state actuary: means the state actuary employed under chapter 44. See Washington Code 41.45.020 State elective position: means any position held by any person elected or appointed to statewide office or elected or appointed as a member of the legislature. See Washington Code 41.40.010 State retirement systems: means the retirement systems listed in RCW 41. See Washington Code 41.45.020 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Totally incapacitated for duty: means total inability to perform the duties of a member's employment or office or any other work for which the member is qualified by training or experience. See Washington Code 41.40.010 Unfunded liability: means the unfunded actuarial accrued liability of a retirement system. See Washington Code 41.45.020 Uniformed personnel: means any employee who is a police officer in service or who is subject to call to active service or duty as such. See Washington Code 41.44.030 Washington state patrol retirement system: means the retirement benefits provided under chapter 43. See Washington Code 41.45.020 Writ: A formal written command, issued from the court, requiring the performance of a specific act.