Purpose: The rule is being amended due to the changes in legislation regarding RCW 28A.400.210. Revision of the WAC is needed to address the effect of changes in law made by the legislature. Rule revision is needed to address sick leave cash out for employees returning to work pursuant to the retire-rehire legislation and those employees returning after termination and cash out.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-136-020.

     Statutory Authority for Adoption: Chapter 28A.150 RCW.

      Adopted under notice filed as WSR 05-10-080 on May 3, 2005.

     Changes Other than Editing from Proposed to Adopted Version: Subsection (1)(d), the word "only" was deleted: "Eligible school district employees ... due to retirement may only cash out ..."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 15, 2005.

Marty Daybell

for Dr. Terry Bergeson

State Superintendent

OTS-8065.2

AMENDATORY SECTION(Amending WSR 01-11-098, filed 5/18/01, effective 6/18/01)

WAC 392-136-020   Conversion of sick leave upon ((retirement or death)) separation from district employment.   (1) Eligible employees: Upon separation from district employment the following employees may personally, or through their estate in the event of death, elect to convert all eligible, accumulated, unused sick leave up to a maximum of one hundred eighty days to monetary compensation as provided in this section:

     (a) Eligible educational service district employees are those who terminate employment with the educational service district due to either retirement or death.

     (b) Eligible school district employees are those who qualify under an attendance incentive program established by the school district board of directors pursuant to WAC ((391-136-065)) 392-136-065 and who:

     (i) Separate from employment with the school district due to death or retirement; or

     (ii) After June 7, 2000, separate from employment with the school district and are at least age fifty-five and:

     (A) Have at least ten years of service under teachers' retirement plan 3 as defined in RCW 41.32.010(40), or under the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010(31); or

     (B) Have at least fifteen years of service under teachers' retirement system plan 2 as defined in RCW 41.32.010(39), under Washington school employees' retirement system plan 2 as defined in RCW 41.35.010(30), or under public employees' retirement system plan 2 as defined in RCW 41.40.010(34).

     (c) In order to receive reimbursement for unused sick leave, by virtue of retirement pursuant to subsection (1)(a) or (1)(b)(i) of this section the employee must have separated from such employment and have been granted a retirement allowance under the laws governing the teachers' retirement system, the public employees' retirement system, or the school employees' retirement system whichever applies; however, it is not necessary that the employee actually file for retirement prior to the date of his or her separation so long as the application is thereafter filed within a reasonable period of time and without the occurrence of any intervening covered employment.

     (d) Eligible school district employees who qualify under an attendance incentive program established by the school district board of directors pursuant to WAC 392-136-065 and who have previously separated from a school district due to retirement may cash out subsequent earned sick leave under the following exceptions:

     (i) The employee ceases receipt of retirement benefits and reestablishes membership in the retirement system, including resuming payments into the system; or

     (ii) The employee establishes, and makes payment into, a second retirement system from which they may subsequently retire.

     (2) Eligible sick leave days((: A maximum of one hundred eighty days may be converted to monetary compensation pursuant to this section. Eligible days)) include all unused sick leave days that have been accumulated from year to year up to a maximum of the number of contracted days agreed to in a given contract, but not greater than one year, by an eligible employee ((at a rate of accumulation no greater than one full day per month of employment as provided by the leave policies of the district(s) of employment (a maximum of twelve days per year))), less sick leave days previously converted pursuant to WAC 392-136-015 and those credited as service rendered for retirement purposes.

     (3) Rate of conversion: Sick leave days that are eligible for conversion shall be converted to monetary compensation at the rate of twenty-five percent of an employee's full-time daily rate of compensation at the time of termination of employment for each full day of eligible sick leave. Partial days of eligible sick leave shall be converted on a pro rata basis.

     (4) Deduction of converted days: All sick leave days converted pursuant to this section shall be deducted from an employee's accumulated sick leave balance.

     (5) Exclusion from retirement allowance: Compensation received pursuant to this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.

[Statutory Authority: RCW 28A.400.210. 01-11-098, § 392-136-020, filed 5/18/01, effective 6/18/01. Statutory Authority: RCW 28A.21.360 and 28A.58.096. 84-04-034 (Order 84-2), § 392-136-020, filed 1/26/84. Statutory Authority: RCW 28A.58.100(2). 82-16-038 (Order 82-8), § 392-136-020, filed 7/28/82. Statutory Authority: 1980 c 182 §§ 5 and 6. 80-12-029 (Order 80-23), § 392-136-020, filed 8/28/80.]

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