WSR 02-16-036

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed July 29, 2002, 3:41 p.m. ]

Original Notice.

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

Title of Rule: WAC 356-05-465 Veteran.

Purpose: This rule pertains to veterans.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification takes out the requirement that a military retirement be adjudicated "voluntary" as evidenced by the DD214 or other official military documents.

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 veterans. This modification takes out the requirement that a military retirement be adjudicated "voluntary" as evidenced by the DD214 or other official military documents.

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 September 12, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by September 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 September 10, 2002.

Date of Intended Adoption: September 12, 2002.

July 29, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 88-14-070 (Order 302), filed 7/1/88)

WAC 356-05-465   Veteran.   For the purpose of determining seniority, as defined in WAC 356-05-390, for granting preference during layoffs and subsequent reemployment, any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given: Provided, That for the purposes of this section "veteran" does not include any person who has:

(1) Voluntarily retired with ((T))twenty or more years of active military service, ((and whose retirement is designated by the armed forces of the United States as "voluntary" as evidenced by the DD Form 214 or other official military records)) in that the veteran had the option to remain on active duty in the military; and

(2) Whose military retirement pay is in excess of five hundred dollars per month.

[Statutory Authority: RCW 41.06.150. 88-14-070 (Order 302), 356-05-465, filed 7/1/88; 85-20-027 (Order 233), 356-05-465, filed 9/24/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-465, filed 8/10/84.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office