WSR 16-17-090 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed August 18, 2016, 8:18 a.m., effective September 20, 2016] Effective Date of Rule: September 20, 2016.
Purpose: To address 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.
Citation of Existing Rules Affected by this Order: Amending WAC 357-28-035.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 16-14-073 on July 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 18, 2016.
Roselyn Marcus
Assistant Director for
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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