WSR 02-15-045

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed July 11, 2002, 3:59 p.m. , effective September 1, 2002 ]

Date of Adoption: July 11, 2002.

Purpose: The modification is housekeeping in nature. RCW 41.06.100 was repealed in 1982. Staff is proposing adoption effective September 1, 2002.

Citation of Existing Rules Affected by this Order: Amending WAC 356-18-100.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 02-12-109 on June 5, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: September 1, 2002.

July 11, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 02-03-061, filed 1/10/02, effective 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) 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: 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