WSR 16-02-097 PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed January 5, 2016, 12:05 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-28-055 How is the periodic increment date determined for a general government employee? and 357-28-056 How is the periodic increment date determined for a higher education employee?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on February 11, 2016, at 8:30 a.m.
Date of Intended Adoption: February 11, 2016.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by February 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by February 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rule changes clarify that if a general government or higher education employee has a break in state service their periodic increment date (PID) is reset upon rehire. We are also proposing to amend WAC 357-28-056 to clarify that the PID is adjusted for leave without pay. Due to the proposal to repeal WAC 357-28-075 in the performance management rules, WAC 357-28-055 and 357-28-056 need to be amended to remove this reference.
Reasons Supporting Proposal: Clarifies the rules to ensure consistent interpretation.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
January 5, 2016
Roselyn Marcus
Assistant Director of Legal
and Legislative Services
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-055 How is the periodic increment date determined for a general government employee?
(1) For a general government employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.
(2) For a general government employee appointed to a position on or after July 1, 2005, whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.
(3) For a general government employee appointed to a position on or after July 1, 2005, whose base salary is set above the minimum but below step L of the salary range, the periodic increment date is twelve months from date of appointment.
(4) A general government employee appointed to a position on or after July 1, 2005, whose base salary is set at step L of the range will not have a periodic increment date set. If the employee later receives a new appointment, the periodic increment date will be set at that time, as described in this section.
(5) Once a general government employee's periodic increment date is set, it remains the same unless:
(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070 ((and 357-28-075)); or
(b) The periodic increment date is adjusted for leave without pay in accordance with WAC 357-31-345.
(c) The periodic increment date is reset in accordance with subsections (2) and (3) of this section when an employee is rehired after a break in service.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-056 How is the periodic increment date determined for a higher education employee?
(1) For a higher education employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.
(2) For a higher education employee appointed to a position on or after July 1, 2005, whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.
(3) For a higher education employee appointed to a position on or after July 1, 2005, whose base salary is set above the minimum but below step L of the salary range, the periodic increment date is twelve months from date of appointment.
(4) Once a higher education employee's periodic increment date is set, it remains the same unless:
(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070 ((and 357-28-075)); or
(b) The employee is appointed to another position with a different salary range maximum. Upon subsequent appointment, the provisions of subsection (2) and (3) of this section apply.
(c) The periodic increment date is reset in accordance with subsections (2) and (3) of this section when an employee is rehired after a break in service.
(d) The periodic increment date is adjusted for leave without pay in accordance with WAC 357-31-346.
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