Purpose: To explain the criteria and process used to classify a position as "SERS eligible." WAC 415-110-690 is being repealed, and this rule is being adopted as a new section, so that it falls in the proper order in the chapter.

     Citation of Existing Rules Affected by this Order: Repealing WAC 415-110-690.

     Statutory Authority for Adoption: RCW 41.50.050(5), 41.35.020.

     Other Authority: RCW 41.35.010(2).

      Adopted under notice filed as WSR 05-19-075 on September 19, 2005.

     Changes Other than Editing from Proposed to Adopted Version: The text has not been changed since it was proposed for adoption, however, the rule is being adopted as a new section in order to change the WAC number from WAC 415-110-690 to WAC 415-110-115.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 28, 2005.

Sandra J. Matheson

Director

OTS-8354.2

NEW SECTION
WAC 415-110-115   How is a position determined eligible?   (1) A position is eligible if it meets the criteria of an eligible position under RCW 41.35.010.

     (2) Your employer will evaluate your position's eligibility for a particular year at the beginning of the year unless you are working as an on-call substitute.

     (3) Your employer may reclassify a position's eligibility based upon its work history.

     (a) If your employer declares a position to be ineligible at the beginning of a year, and by the end of the year it has actually required five or more months of seventy or more hours of compensated service, your employer will review the position's eligibility. If at the end of the first year:

     (i) Your employer believes the position meets the requirements for an eligible position and declares the position as eligible, your employer will report your hours and compensation to the department effective prospectively from the date your employer makes the determination that the position is eligible; or

     (ii) Your employer believes that the position will not meet the criteria for an eligible position during the next year, your employer may continue to define it as ineligible. However, if during the next year, the position actually requires five or more months of seventy or more hours of compensated service, your employer will declare the position as eligible. Once the position is reclassified as eligible, your employer will report your hours and compensation to the department retroactively from the first month of the first year that the position required seventy or more hours of compensated service.

     (b) If the position has been classified as eligible, but does not require five or more months of seventy or more hours of compensated service during at least one year in any two-year period, your employer will reclassify it as ineligible.

     (4) The department may reclassify a position's eligibility if the history of the position shows it has required five or more months of seventy or more hours of compensated service for a period of two consecutive years. Once the position is reclassified as eligible, your employer will report your hours and compensation to the department retroactively from the first month of the first year that the position required seventy or more hours of compensated service.

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     The following section of the Washington Administrative Code is repealed:

WAC 415-110-690

How is my eligibility evaluated?