WSR 02-12-109



[ Filed June 5, 2002, 9:14 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-18-100 Accrued vacation leave disposition -- Computation -- How made.

Purpose: This rule pertains to accrued vacation leave disposition.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification is housekeeping in nature. It will remove references to an RCW that was repealed in 1982.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule pertains to accrued vacation leave disposition. The modification to this rule is housekeeping in nature and will remove references to RCW 41.06.100 which was repealed in 1982.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 11, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 5, 2002, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 5, 2002.

Date of Intended Adoption: July 11, 2002.

June 4, 2002

E. C. Matt


AMENDATORY SECTION(Amending WSR 87-13-039 (Order 277) [02-03-061], filed 6/15/87 [1/10/02], effective 8/1/87 [3/1/02])

WAC 356-18-100   Accrued vacation leave disposition -- Computation -- How made.   (1) When an employee separates from service by reason of resignation with adequate notice, layoff, dismissal, retirement or death, he or she is entitled to a lump sum payment of unused vacation leave. The compensation shall be computed by using the formula published by the office of financial management. No contributions are to be made to the department of retirement systems (DRS) for lump sum payment of excess vacation leave accumulated under the provisions of WAC 356-18-095(2), nor shall such payment be reported to the DRS as compensation.

(2) Employees may defer the payment of their accumulated vacation leave for which otherwise entitled for a period of 30 working days if the separation resulted from a reduction in force and there is a reasonable probability of reemployment, or if the separation resulted from employees returning to classified positions from exempt positions under the provision of RCW 41.06.070(((22), 41.06.100,)) or WAC 356-06-055. Seasonal career employees, as defined in WAC 356-05-380, may defer payment of their accumulated vacation leave during the period between consecutive employment cycles.

(3) If employees are paid for the accumulated vacation leave and are reemployed within the period of time represented by the number of days for which vacation pay was received, employees must return the payment for the remaining vacation days. Employees will be credited with the number of vacation days represented by the returned payments at the rate of their last salary.

(4) The separation cited in subsection (2) of this section will not be regarded as a break in service for purposes of computing the rates of crediting vacation leave prescribed in WAC 356-18-090, provided the employees return to employment other than by certification from the open competitive register.

[Statutory Authority: RCW 41.06.150. 02-03-061, 356-18-100, filed 1/10/02, effective 3/1/02; 87-13-039 (Order 277), 356-18-100, filed 6/15/87, effective 8/1/87; 85-19-079 (Order 231), 356-18-100, filed 9/18/85; 84-14-006 (Order 207), 356-18-100, filed 6/22/84; 83-01-115 (Order 179), 356-18-100, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-18-100, filed 9/22/82; 78-06-017 (Order 120), 356-18-100, filed 5/12/78; Order 109, 356-18-100, filed 9/7/77; Order 82, 356-18-100, filed 9/26/75; Order 63, 356-18-100, filed 2/26/74; Order 48, 356-18-100, filed 7/19/72; Order 45, 356-18-100, filed 4/17/72, effective 6/1/72; Order 36, 356-18-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-070 and 356-12-100 (part).]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office