WSR 07-23-011

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed November 8, 2007, 10:50 a.m. , effective December 11, 2007 ]


Effective Date of Rule: December 11, 2007.

Purpose: These changes will eliminate the confusion in how seniority preference is defined in Washington general service (WGS) rules and Washington management service (WMS) rules. The current WGS rule says "surviving spouse" and the current WMS rule says "unmarried widow/widower." This change will correct the discrepancy.

Citation of Existing Rules Affected by this Order: Amending WAC 357-58-475.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 07-20-092 on October 2, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: November 8, 2007.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)

WAC 357-58-475   Does a veteran receive any preference in layoff?   (1) An eligible veteran receives a preference by having his/her seniority increased. This is done by adding the eligible veteran's total active military service, not to exceed five years, to his/her unbroken service date.

(2) An eligible veteran is defined as any permanent employee who:

(a) Has one or more years in 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

(b) Has received, upon termination of such service:

(i) An honorable discharge;

(ii) A discharge for physical reasons with an honorable record; or

(iii) A release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given.

(3) "An eligible veteran" does not include any person who as a veteran voluntarily retired with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.

(4) The ((unmarried widow/widower)) surviving spouse of an eligible veteran is entitled to veteran's seniority preference for up to five years as outlined in subsection (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, 357-58-475, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office