WSR 16-14-074 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed July 1, 2016, 9:23 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-46-060 Does a veteran receive any preference in layoff? and 357-58-475 Does a veteran receive any preference in layoff?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 11, 2016, at 8:30 a.m.
Date of Intended Adoption: August 11, 2016.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule changes correct the references from unbroken service date to seniority date for Washington general service and Washington management service employees that are eligible for veteran's preference in a layoff.
Reasons Supporting Proposal: Clarifies the rules to ensure consistent interpretation. Per RCW 41.06.133 [(1)](m), an eligible veteran receives a preference in a layoff by having their seniority date increased by adding up to five years of their active military service to their seniority date.
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 Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
July 1, 2016
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 10-11-073, filed 5/14/10, effective 6/15/10)
WAC 357-46-060 Does a veteran receive any preference in layoff?
(1) An eligible veteran receives a preference in layoff by having their seniority increased((. This is done by adding the eligible veteran's total active military service, not to exceed five years, to their unbroken service date)) for total active military service, not to exceed five years.
(2) An eligible veteran is defined as any permanent employee who:
(a) Has one or more years in active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government; and
(b) Has received, upon termination of such service:
(i) An honorable discharge;
(ii) A discharge for physical reasons with an honorable record; or
(iii) A release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given.
(3) "An eligible veteran" does not include any person who as a veteran voluntarily retired, as evidenced by the "DD Form 214" or other official military records, with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.
(4) The surviving spouse or surviving registered domestic partner of an eligible veteran is entitled to veteran's seniority preference for up to five years as outlined in subsection (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.
AMENDATORY SECTION (Amending WSR 09-17-056 and 09-18-113, filed 8/13/09 and 9/2/09, effective 12/3/09)
WAC 357-58-475 Does a veteran receive any preference in layoff?
(1) An eligible veteran receives a preference in layoff by having ((his/her)) their seniority increased((. This is done by adding the eligible veteran's total active military service, not to exceed five years, to his/her unbroken service date)) for total active military service, not to exceed five years.
(2) An eligible veteran is defined as any permanent employee who:
(a) Has one or more years in active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government; and
(b) Has received, upon termination of such service:
(i) An honorable discharge;
(ii) A discharge for physical reasons with an honorable record; or
(iii) A release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given.
(3) "An eligible veteran" does not include any person who as a veteran voluntarily retired with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.
(4) The surviving spouse or surviving registered domestic partner of an eligible veteran is entitled to veteran's seniority preference for up to five years as outlined in subsection (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.
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