WSR 15-24-008
PERMANENT RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed November 18, 2015, 4:01 p.m., effective December 21, 2015]
Effective Date of Rule: December 21, 2015.
Purpose: These changes address what happens to those Washington general service and Washington management service employees that are above the maximum of the salary range or assigned band when the legislature approves a salary increase. These rules will clarify the longstanding interpretation which is that these employees would not receive the salary increase unless specifically stated otherwise in the Appropriations Act or the top step of the adjusted range or band exceeds the employee's current salary.
Citation of Existing Rules Affected by this Order: Amending WAC 357-58-090.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 15-20-078 on October 2, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0.
Date Adopted: November 18, 2015.
Roselyn Marcus
Assistant Director for Legal
and Legislative Affairs
NEW SECTION
WAC 357-28-042 If the legislature approves a salary increase will employees whose base salaries are set above the maximum of a salary range assigned to the position receive the salary increase?
If the legislature approves a salary increase, employees whose base salaries are set above the maximum of a salary range will not receive the salary increase unless: 
(1) The appropriations act specifically states that employees whose base salaries are set above the maximum of a salary range will receive the increase; or
(2) The top step of the adjusted range exceeds the employee's current salary.
NEW SECTION
WAC 357-58-087 If the legislature approves a salary increase, will employees whose base salaries are set outside the maximum of the assigned management band receive the salary increase?
If the legislature approves a salary increase, employees whose base salaries are set outside the maximum of the assigned management band will not receive the salary increase unless:
(1) The appropriations act specifically states that employees whose base salaries are set outside the maximum of the assigned management band will receive the increase; or
(2) The top of the adjusted band exceeds the employee's current salary.
AMENDATORY SECTION (Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)
WAC 357-58-090 For what reasons can an agency adjust a WMS salary?
Salary adjustments may be made under the following conditions:
(1) Legislatively directed general and/or special increase unless the employee is above the salary band maximum;
(2) Documented recruitment and/or retention problems as approved by the agency director or designee; ((and/or))
(3) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee.