WSR 17-18-027
PERMANENT RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed August 28, 2017, 1:28 p.m., effective October 2, 2017]
Effective Date of Rule: October 2, 2017.
Purpose: To allow employers (with director approval) to offer additional pay to Washington management service employees to support recruitment and/or retention.
Citation of Rules Affected by this Order: New WAC 357-58-136 and 357-58-137.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 17-15-099 on July 18, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: August 23, 2017.
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
NEW SECTION
WAC 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?
(1) With director approval, employers may authorize up to a fifteen percent lump sum payment in addition to the employee's base salary to support the recruitment and/or retention of the incumbent or candidate for a specific WMS position.
(2) An employee may not receive more than fifteen percent of their annual base salary over a twelve-month period.
(3) In advance of authorizing a lump sum payment for recruitment and/or retention, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer.
NEW SECTION
WAC 357-58-137 For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment?
If the employee receiving the recruitment and/or retention lump sum payment terminates or causes termination with the state within one year of the date of appointment or transfer, that employee may be required to pay back the lump sum payment. If the termination is a result of layoff, disability separation, or other good cause as determined by the agency director, the employee will not have to pay back the lump sum payment.