(1) As soon as available, a state agency shall provide the materials described in RCW
28B.77.009 in written or electronic form to:
(a) All employees annually;
(b) Newly hired employees within 30 days of the employee's first day of employment.
(2) A state agency must certify employment for the purposes of the public service loan forgiveness program in accordance with the program established in RCW
43.41.425 beginning July 1, 2023.
(a) If a state agency does not directly certify employment with the United States department of education, the state agency must annually provide notice of renewal and a copy of the public service loan forgiveness form with employer information and employment certification sections of the form already completed reflecting at least the last 12 months of employment to:
(i) An employee who requests a public service loan forgiveness form;
(ii) Any current employee for whom the state agency has previously certified employment, unless the employee has opted out; and
(iii) An employee upon separation from service or employment, unless the employee has opted out. The notice of renewal and completed employer sections of the public service loan forgiveness form provided to a separated employee must be sent within 60 days of separation and are exempted from the annual requirement set forth in subsection (2)(a) of this section.
(b) A state agency shall not unreasonably delay in certifying employment.
(c) A state agency must seek permission from its employees prior to certifying their employment.
(d) Institutions of higher education must use the calculation established in RCW
41.04.055 and may apply it retroactively to determine whether a part-time academic employee is considered full time for the public service loan forgiveness program.
(e) A state agency may send the information necessary for public service loan forgiveness employment certification to the United States department of education, or its agents, if the United States department of education permits public service employers to certify employment for past or present individual employees or groups of employees directly, notwithstanding other provisions of law.
(f) The office of financial management is authorized to adopt rules for the purpose of this section.
(3) An employee of a state agency may opt out of the employment certification process established in RCW
43.41.425 at any time.
(4) For purposes of this section, the definitions in this subsection apply:
(a) "Certifying employment" means either completing the employer sections of the public service loan forgiveness form or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form.
(b) "Full time" has the same meaning as set forth in 34 C.F.R. Sec. 685.219.
(c) "Public service employer" includes the following:
(i) Any governmental entity including state, county, city, or other local government entity including political subdivisions, such as office, department, independent agency, school district, public college or university system, public library system, authority, or other body including the legislature and the judiciary;
(ii) Any employer that has received designation as a tax-exempt organization pursuant to Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended;
(iii) Any other entities identified as a public service job in Title 20 U.S.C. Sec. 1087e(m).
(d) "Public service loan forgiveness program" means the federal loan forgiveness program established pursuant to Title 20 U.S.C. Sec. 1087e(m) and 34 C.F.R. Sec. 685.219.
(e) "State agency" or "agency" means departments, offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and educational service districts.
