WSR 13-16-094
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed August 7, 2013, 9:54 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-19-205 Upon return from exempt service, how is the employee's salary set?, 357-28-035 What must be addressed in the employer's salary determination policy?, 357-28-055 How is the periodic increment date determined for a general government employee?, 357-28-056 How is the periodic increment date determined for a higher education employee?, 357-28-060 When does an employee receive an increment increase?, 357-28-070 Can an employer adjust the time and amount of increment increases?, 357-28-075 Can an employer accelerate or defer increment increases based on performance?, 357-28-082 Is step M on the salary schedule different than other salary steps?, 357-28-084 Can an employee be appointed to step M upon demotion?, 357-28-086 When may an employee progress to step M of the salary range?, 357-28-088 If an employee accepts a new appointment will the time spent at step L count towards the six years to qualify for step M in the new position?, 357-28-090 Can an employer adjust an employee's base salary within the employee's current salary range for recruitment, retention, or other business related reasons?, 357-28-110 Must an employee who is promoted to a position in a class with a higher salary range receive a salary increase?, 357-28-115 Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?, 357-28-120 What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?, 357-28-135 How is an employee's salary determined when the employee is appointed to a position due to a layoff action?, 357-28-165 When an exempt position is converted to classified, how is the base salary of the incumbent determined?, and 357-13-090 How is an employee affected when his/her position is reallocated?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on September 12, 2013, at 8:30 a.m.
Date of Intended Adoption: September 12, 2013.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by September 5, 2013. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM, by September 5, 2013, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2013-2015 operating budget that was passed by the legislature provides for a longevity step to be added to the state salary schedule effective July 1, 2013. It provides for an approximate 2.5 percent increase. Employees who have been at the top step (step L) in the same salary range for six years will move to the new step M.
We have amended two WACs since the emergency filing effective July 1, 2013. We have added language to WAC 357-28-088 which clarifies that if a new appointment is due to an employee accepting a demotion in lieu of layoff or a layoff option to a position with a lower salary range maximum then time spent at step L in the previous position will count towards the six years to qualify for step M in the new salary range. We have added language to WAC 357-28-035 which addresses nurses' special pay salary schedules.
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 Agency Personnel Responsible for Drafting: Kristie Wilson, 400 Insurance Building, (360) 902-0483.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
August 7, 2014 [2013]
Sandi Stewart
Acting Assistant Director
State Human Resources
AMENDATORY SECTION (Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-13-090 How is an employee affected when his/her position is reallocated?
This table is used to determine how an employee whose position is reallocated is affected.
 
Employee's position reallocated to:
Class with a higher salary range maximum
Class with an equal salary range maximum
Class with a lower salary range maximum
Reallocation results from:
 
 
 
A position review requested by the employee or initiated by the employer
If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:
If the employee meets the competencies and other position requirements:
If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
 
→ The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position.
If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:
→ The employee remains in the position and retains existing appointment status.
→ The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.
 
→ The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.
→ The employee retains the previous base salary in accordance with WAC 357-28-120.
If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
 
If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and he/she has already gained permanent status, the employee must serve a trial service period. If the employee has not completed the probationary period, then the new trial service period will overlap provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.
If the employee does not meet the competencies and other position requirements:
 
→ The employer's layoff procedure applies.
 
Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed ((the top)) step L of the range as provided in WAC 357-28-115.
→ The employer's layoff procedure applies.
 
The director revising the
classification plan.
The employee remains in the position and keeps existing appointment status. See WAC 357-28-130 for determining the employee's salary.
AMENDATORY SECTION (Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)
WAC 357-19-205 Upon return from exempt service, how is the employee's salary set?
The employee's base salary must not be less than the employee's previous base salary in classified service, adjusted according to any changes to salary range that occurred while the employee was in exempt service.
If the employee was at step L at the time they accepted the exempt appointment and they are returned to step L of the same pay range, time spent in exempt service will count towards the six years to qualify for step M.
AMENDATORY SECTION (Amending WSR 05-21-061, filed 10/13/05, effective 11/15/05)
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 ((accepts a layoff option, accepts a demotion in lieu of layoff,)) is appointed from an internal or statewide layoff list((, or is reallocated to a position with a lower range and the employee's previous base salary is not within the salary range of the new position));
(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 L 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;
(((7))) (8) Setting base salary when an employee is reverted following a voluntary demotion; ((and
(8))) (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.
AMENDATORY SECTION (Amending WSR 10-17-062, filed 8/13/10, effective 9/15/10)
WAC 357-28-055 How is the periodic increment date determined for a general government employee?
(1) For a general government employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005 is retained.
(2) For a general government employee appointed to a position on or after July 1, 2005 whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.
(3) For a general government employee appointed to a position on or after July 1, 2005 whose base salary is set above the minimum but below ((the maximum)) step L of the salary range, the periodic increment date is twelve months from date of appointment.
(4) A general government employee appointed to a position on or after July 1, 2005, whose base salary is set at ((the maximum)) step L of the range will not have a periodic increment date set. If the employee later receives a new appointment, the periodic increment date will be set at that time, as described in this section.
(5) Once a general government employee's periodic increment date is set, it remains the same unless:
(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070 and 357-28-075; or
(b) The periodic increment date is adjusted for leave without pay in accordance with WAC 357-31-345.
AMENDATORY SECTION (Amending WSR 06-11-048, filed 5/11/06, effective 6/12/06)
WAC 357-28-056 How is the periodic increment date determined for a higher education employee?
(1) For a higher education employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005 is retained.
(2) For a higher education employee appointed to a position on or after July 1, 2005 whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.
(3) For a higher education employee appointed to a position on or after July 1, 2005 whose base salary is set above the minimum but below ((the maximum)) step L of the salary range, the periodic increment date is twelve months from date of appointment.
(4) Once a higher education employee's periodic increment date is set, it remains the same unless:
(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070 and 357-28-075; or
(b) The employee is appointed to another position with a different salary range maximum. Upon subsequent appointment, the provisions of subsection (2) and (3) of this section apply.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-060 When does an employee receive an increment increase?
Unless adjusted under the provisions of WAC 357-28-070 or 357-28-075, an employee must receive a two step increase to base salary on the periodic increment date. Increment increases continue until the employee reaches ((the top)) step L of the salary range.
AMENDATORY SECTION (Amending WSR 05-12-077, filed 5/27/05, effective 7/1/05)
WAC 357-28-070 Can an employer adjust the timing and amount of increment increases?
Employers may adjust the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by resetting the periodic increment date based on the nature of the work or training requirements. This may apply to all employees, employees in specific positions, all employees allocated to a class, or all employees in an organizational unit. This may happen as long as employees receive minimally an increase of two steps annually until their salary reaches ((the top)) step L of the salary range.
AMENDATORY SECTION (Amending WSR 05-21-061, filed 10/13/05, effective 11/15/05)
WAC 357-28-075 Can an employer accelerate or defer increment increases based on performance?
Employers who have received performance management confirmation from the director may in accordance with the employer's policy on performance-based increments:
(1) Accelerate the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by advancing the periodic increment date for individual employees. This may only happen if employees receive an increase of at least two steps every twelve months from the periodic increment date until their salary reaches ((the top)) step L of the salary range. When the periodic increment date is advanced, the employee has a new periodic increment date.
(2) Defer scheduled increment increases by postponing the periodic increment date for individual employees whose performance is less than satisfactory. When the periodic increment date is postponed to a future date, the employee has a new periodic increment date.
NEW SECTION
WAC 357-28-082 Is step M on the salary schedule different than other salary steps?
Step M is a longevity step. An employee cannot be appointed to step M upon initial hire or progress to step M upon promotion.
NEW SECTION
WAC 357-28-084 Can an employee be appointed to step M upon demotion?
An employee cannot be appointed to step M upon demotion (voluntary or involuntary) unless the employee was at step M of the salary range from which the employee is demoting or the employee was previously at step M in the salary range of the class the employee is demoting to.
NEW SECTION
WAC 357-28-086 When may an employee progress to step M of the salary range?
(1) If an employee is currently at step L of a salary range, the employee will progress to step M of that same salary range six years from the date they were advanced or appointed to step L. The progression to step M is regardless of what has transpired in the six years since the employee was appointed to step L, provided that the employee is at step L in the same pay range as the pay range the employee was in at the beginning of the six-year period.
(2) With director approval, higher education institutions may make all movements to step M effective:
(a) The first of the current month for actions occurring between the first and the fifteenth of the month; or
(b) The first of the following month for actions occurring between the sixteenth and the end of the month.
NEW SECTION
WAC 357-28-088 If an employee accepts a new appointment will the time spent at step L count towards the six years to qualify for step M in the new position?
If an employee accepts a new appointment to a position which is the same pay range as the previous position, the time at step L in the previous position will count towards the six years to qualify for step M in the new position.
If an employee accepts a new appointment to a position which is a different pay range as the previous position, the time at step L in the previous position will not count towards the six years to qualify for step M in the new salary range. An exception to this is if the new appointment is due to an employee accepting a demotion in lieu of layoff or a layoff option to a position with a lower salary range maximum. In that case, the time spent at step L in the previous position will count towards the six years to qualify for step M in the new salary range.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-090 Can an employer adjust an employee's base salary within the employee's current salary range for recruitment, retention, or other business related reasons?
The employer may adjust an employee's base salary up to step L within the salary range to address issues that are related to recruitment, retention or other business related reason, such as equity, alignment, or competitive market conditions.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-110 Must an employee who is promoted to a position in a class with a higher salary range receive a salary increase?
An employee who is promoted to a position in a class with a higher salary range must receive a minimum increase of two steps not to exceed ((the top)) step L of the salary range. The employer may grant higher increases not to exceed step L if:
(1) Significant increases in duties and responsibilities, as documented by the employer, warrant greater compensation((,));
(2) The increase is necessary for internal salary alignment, retention of the employee, or other documented business needs((,)); or
(3) The increase is necessary to bring the employee to the minimum of the salary range for the position.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-115 Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?
An employee occupying a position that is reallocated to a class with a higher salary range must receive at least two steps not to exceed ((the top)) step L of the salary range in accordance with WAC 357-28-110.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-120 What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?
An employee occupying a position that is reallocated to a class with the same or lower salary range must be placed within the new salary range at an amount equal to his/her previous base salary. If the previous base salary exceeds the new salary range, the employee's base salary must be set equal to ((the maximum)) step L of the salary range for the reallocated position. The employee's base salary may be set at step M or higher than the range maximum, but not exceeding the previous base salary, if allowed by the employer's salary determination policy.
AMENDATORY SECTION (Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-135 How is an employee's salary determined when the employee is appointed to a position due to a layoff action?
The base salary of an employee appointed to a position due to a layoff action must be determined as follows:
(1) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.
(2) An employee who accepts a demotion in lieu of layoff or accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new range, the employee's base salary must be set equal to ((the new range maximum. The employee's base salary may be set higher than the range maximum, but not exceeding the previous base salary, if allowed by the employer's salary determination policy)) step L of the new salary range. If the employee's previous base salary was at step M of the salary range the employee must be placed at step M of the new salary range.
(3) An employee who is appointed from an internal or statewide layoff list to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee's previous base salary.
(4) An employee who is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer's salary determination policy.
AMENDATORY SECTION (Amending WSR 05-12-077, filed 5/27/05, effective 7/1/05)
WAC 357-28-165 When an exempt position is converted to classified, how is the base salary of the incumbent determined?
If an exempt position is converted to classified status under the provisions of WAC 357-19-225, the base salary of the incumbent must not be less than the exempt salary at the time of conversion. If the employee's salary at the time of conversion exceeds the maximum of the salary range, the employee's base salary must be set outside the range in accordance with WAC 357-28-040.
If the exempt salary is equal to step L of the classified position and the employee has been at that salary level for six or more years, the employee will progress to step M upon conversion. If the employee has been at that salary level for less than six years, the employee will progress to step M when the total amount of time equals six years.
If the exempt salary is between step L and step M of the new classified salary range and the employee has been at that salary for six or more years, the employee will be placed at step M upon conversion. If the employee has been at that salary level for less than six years, the employee will progress to step M when the total amount of time equals six years.
If the exempt salary is equal to step M of the new classified salary range, the employee will be placed at step M upon conversion.