PERMANENT RULES
Date of Adoption: September 1, 1999.
Purpose: To repeal WAC 192-12-074 Predecessor-successor transfer through intermediaries, and replace it under the guidelines of Executive Order 97-02 with WAC 192-320-055 with the same title. This change promotes clarity for the general public and deletes any archaic language in the original rule.
Citation of Existing Rules Affected by this Order: Repealing WAC 192-12-074.
Statutory Authority for Adoption: Chapters 34.05 and 50.12 RCW.
Other Authority: RCW 50.04.320 and 50.29.062.
Adopted under notice filed as WSR 99-11-091 on May 19, 1999.
Changes Other than Editing from Proposed to Adopted Version: Changed repealer, corrected "sections" plural to "section" and the plural form of the verb "are" to the singular form "is."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
August 30, 1999
Carver Gayton
Commissioner
When operating assets are transferred from one employer to another by the use of an intermediary, whose function is to arrange, or facilitate, the transfer process (RCW 50.04.320 and 50.29.062) – the existence of a predecessor-successor relationship will be determined on a case-by-case basis by the department. The fact that an intermediary was used does not preclude the existence of a predecessor-successor relationship.
In determining if a predecessor-successor relationship exists, the department will consider the:
a. intent of the parties involved; and
b. economic reality of the transactions, as opposed to the strict legal format of the multiple transfers.
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The following section of the Washington Administrative Code is repealed:
| WAC 192-12-074 | Predecessor-successor transfer through intermediaries. |