WSR 09-08-068

EXPEDITED RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed March 27, 2009, 3:29 p.m. ]

Title of Rule and Other Identifying Information: WAC 192-250-035 which outlines the requirements for employees participating in approved shared work plan and WAC 192-250-045 which describes the entities that are not eligible for participation in the shared work program.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Juanita Myers, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046 , AND RECEIVED BY June 2, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will amend WAC 192-250-035 to eliminate the language restricting individuals from receiving more than twenty-six weeks of shared work benefits in a twelve-month period. Individuals will be eligible for the maximum benefit entitlement established under Title 50 RCW. The proposal will also amend WAC 192-250-045 to correct the term "benefit ratio" to "tax rate."

Reasons Supporting Proposal: ESHB 1906 (section 12, chapter 3, Laws of 2009) amended RCW 50.60.100 by removing the language restricting individuals to twenty-six weeks of shared work benefits during any twelve-month period. WAC 192-250-035 must be amended to remove the same twenty-six week limitation. The change to WAC 192-250-045 is technical in nature and simply substitutes the term "tax rate" for "benefit ratio."

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, and 50.60.901.

Statute Being Implemented: RCW 50.60.100.

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

Name of Proponent: Employment security department, governmental.

Name of Agency Personnel Responsible for Drafting: Juanita Myers, 212 Maple Park, Olympia, WA, (360) 902-9665; Implementation and Enforcement: Nan Thomas, 212 Maple Park, Olympia, WA, (360) 902-9303.

March 23, 2009

Paul Trause

Deputy Commissioner


AMENDATORY SECTION(Amending WSR 06-22-004, filed 10/19/06, effective 11/19/06)

WAC 192-250-035   Information for employees participating in an approved shared work plan.   (1) What are the requirements for participating in my employer's plan? You must have at least four hundred sixty hours of work with this employer in the calendar quarter before the quarter in which your employer's application is submitted.

(2) When do I apply for benefits? Your employer representative will tell you if you need to apply for benefits and how to do so. If you have a current valid claim, you do not need to apply again.

(3) How do I file my weekly claim for benefits? See WAC 192-140-005 for instructions on filing weekly claims. You must also report the number of hours you were paid for holidays, vacations, or sick leave. You must report hours and gross earnings for part-time and second jobs, plus your hours and net earnings from any self-employment. You can file weekly claims by telephone or over the internet.

(4) What happens if the total number of hours worked is not a whole number? If the total number of hours you worked in a week includes a fraction of an hour, the department will round the total down to the next whole number. This rounded number will be compared to your usual hours of work to calculate your shared work benefit payment for the week. For example: You work 28.5 hours of a normal 40 hour week. The 28.5 hours is rounded down to 28 hours and then divided by 40, meaning you worked 70 percent of the available hours. Your shared work payment would be 30 percent of your regular weekly benefit amount.

(5) What happens if I don't work all scheduled hours for my shared work employer?

(a) You are not eligible for shared work benefits for any week that you do not work all hours you have been scheduled by your shared work employer.

(b) You must be available for additional hours of work, up to full time, with the shared work employer. If your employer gives you at least twenty-four hours' notice that additional work is available and you do not work those additional hours, you are not eligible for shared work benefits for that week.

(c) When you are not eligible for shared work benefits in any week claimed, your claim will be processed as a regular unemployment claim.

(6) Do I have to look for work while participating in the shared work program? No. You are not required to look for work while participating in the shared work program.

(7) Is there a minimum or maximum number of hours I can work in a week and still receive shared work benefits? You must have twenty to thirty-six hours of paid time during a week to receive shared work benefits. In any week you are paid for fewer than twenty hours or more than thirty-six hours, your claim will be processed as a regular unemployment claim.

(8) How long can I receive shared work benefits? You can receive ((up to twenty-six weeks of)) shared work payments up to the maximum benefit entitlement established under Title 50 RCW, plus state or federal benefit extensions under Chapter 50.22 RCW ((during your benefit year, depending on the maximum amount of benefits available on your claim. The twenty-six weeks do not have to be claimed consecutively. Your waiting week counts as one of the twenty-six weeks of shared work payments)).

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. 06-22-004, 192-250-035, filed 10/19/06, effective 11/19/06.]


AMENDATORY SECTION(Amending WSR 06-22-004, filed 10/19/06, effective 11/19/06)

WAC 192-250-045   Who is not eligible for participation in the shared work program?   (1) The following employees are not eligible for participation in the shared work program:

(a) Employees paid on any basis other than hourly wage. This includes, but is not limited to, employees paid on a piece rate, mileage rate, job rate, salary, or commission basis. The commissioner may waive this provision for employees paid on a piece rate basis if an hourly rate of pay can be established.

(b) Officers of the corporation that is applying for participation.

(2) The following businesses are not eligible for participation in the shared work program:

(a) Businesses with a ((benefit ratio)) tax rate of more than 5.4 percent.

(b) Nonqualified employers, meaning employers who have reported no payroll for four consecutive quarters.

[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. 06-22-004, 192-250-045, filed 10/19/06, effective 11/19/06.]

Washington State Code Reviser's Office