WSR 16-14-073 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed July 1, 2016, 9:20 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-28-035 What must be addressed in the employer's salary determination policy?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 11, 2016, at 8:30 a.m.
Date of Intended Adoption: August 11, 2016.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendment addresses the requirements that upon return to a permanent position from a project position, an acting Washington management service appointment or a nonpermanent appointment, the setting of an employee's base salary must be addressed in the employer's salary determination policy.
Reasons Supporting Proposal: Clarifies the requirements in WAC 357-19-340, 357-19-353, and 357-19-395.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
July 1, 2016
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 14-24-026, filed 11/21/14, effective 12/22/14)
WAC 357-28-035 What must be addressed in the employer's salary determination policy?
The employer's salary determination policy must minimally address the following:
(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee is appointed from an internal or statewide layoff list;
(6) Setting base salary when an employee is reallocated to a position with a lower salary range and the employee's previous base salary is above step M of the new salary range as permitted in WAC 357-28-120. Under no circumstance should an employee's salary exceed their previous base salary;
(7) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated;
(8) Setting base salary when an employee is reverted following a voluntary demotion;
(9) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100; ((and))
(10) Setting base salary and progression based on recruitment and retention rather than years of experience for the nurse special pay salary schedules, if allowed by the employer;
(11) Setting base salary in accordance with WAC 357-19-340 when an employee returns to a permanent position from a project position;
(12) Setting base salary in accordance with WAC 357-19-353 when an employee returns to a permanent position from an acting WMS appointment; and
(13) Setting base salary in accordance with WAC 357-19-395 when an employee returns to a permanent position from a nonpermanent appointment.
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