WSR 17-15-099 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed July 18, 2017, 10:33 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position? and 357-58-137 For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 23, 2017, at 8:30 a.m.
Date of Intended Adoption: August 23, 2017.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, email Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 16, 2017. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 16, 2017, TTY 711 or 1-800-833-6384.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing to create these rules to allow employers, with director approval, to offer additional pay to Washington management service (WMS) employees to support recruitment and retention.
Reasons Supporting Proposal: Currently, WMS employees may only receive performance recognition leave where Washington general service employees may receive additional pay to support recruitment and retention. This will allow OFM state human resources to accurately report pay used for this reason rather than the use of performance recognition payments.
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., (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.
July 18, 2017
Roselyn Marcus
Assistant Director
Legal and Legislative Affairs
NEW SECTION
WAC 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?
(1) With director approval, employers may authorize up to a fifteen percent lump sum payment in addition to the employee's base salary to support the recruitment and/or retention of the incumbent or candidate for a specific WMS position.
(2) An employee may not receive more than fifteen percent of their annual base salary over a twelve-month period.
(3) In advance of authorizing a lump sum payment for recruitment and/or retention, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer.
NEW SECTION
WAC 357-58-137 For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment?
If the employee receiving the recruitment and/or retention lump sum payment terminates or causes termination with the state within one year of the date of appointment or transfer, that employee may be required to pay back the lump sum payment. If the termination is a result of layoff, disability separation, or other good cause as determined by the agency director, the employee will not have to pay back the lump sum payment.
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