WSR 20-14-028
EMERGENCY RULES
DEPARTMENT OF
RETIREMENT SYSTEMS
[Filed June 23, 2020, 1:16 p.m., effective June 23, 2020, 1:16 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To comply with state and federal laws related to the shared work program and state agencies' ability to qualify for participation in this federal program.
Citation of Rules Affected by this Order: New WAC 415-02-170 Will a furlough or temporary layoff from my public employment affect my retirement benefit?
Statutory Authority for Adoption: RCW 41.50.050.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: In accordance with Governor Inslee's Directive 20-08 regarding furloughs and general wage increases, the department of retirement systems must engage in emergency rule making to comply with requirements in the shared work compensation plan program and RCW 50.60.030.
This rule is necessary to comply with state and federal laws related to the shared work program and state agencies' ability to qualify for participation in this federal program. This rule is necessary for the general welfare of the state and for the receipt of federal funds.
The governor has directed agencies to take action no later than June 28, 2020, therefore observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 23, 2020.
Tracy Guerin
Director
NEW SECTION
WAC 415-02-170Will a furlough or temporary layoff from my public employment affect my retirement benefit?
If your employer participates in the shared work program during the period of time you were furloughed or temporarily laid off, you will receive the same retirement benefit as if your hours had not been reduced. Participation in the shared work program under chapter 50.60 RCW will not impact, in any manner, the retirement benefits of any member of a plan administered by the department of retirement systems. This does not apply to members whose employer does not participate in the shared work program.