WSR 00-12-073

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed June 6, 2000, 11:19 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-14-140 Salary -- Increase on promotion.

Purpose: This rule describes the criteria on how and when employees should receive a 5% or 10% promotion.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification will allow agencies the ability to authorize a promotion increase higher than 5%.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule describes how and when employees should receive a 5% or 10% increase. Upon promotion an employee receives a 5% increase. An agency is required to give a 10% increase in certain circumstances. This modification will give agencies the flexibility to allow higher than a 5% increase at any time as long as the amount of the increase remains on a step within the salary range of the class.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 13, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 6, 2000, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 11, 2000.

Date of Intended Adoption: July 13, 2000.

June 6, 2000

Dennis Karras

Secretary


AMENDATORY SECTION(Amending WSR 90-23-030 (Order 361), filed 11/14/90, effective 12/15/90)

WAC 356-14-140
Promotion -- Salary(( -- I))increase ((on promotion)).

(1) ((An)) The appointing authority shall advance an employee who is promoted ((to a class whose base range is less than six ranges higher than the base range of the former class will advance)) to the step of the range for the new class which is nearest to a minimum of 5% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 5% increase, but the amount must be on a step within the salary range for the class.

(2) ((An)) The appointing authority shall advance an employee who is promoted under any one or more of the following conditions ((shall advance)) to the step of the range for the new class which is nearest to a minimum of 10% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 10% increase, but the amount must be on a step within the salary range for the class.

(a) When the employee is promoted to a class whose base range is six or more ranges higher than the base range of the employee's former class.

(b) When the employee is promoted over an intervening class in the same class series.

(c) When the employee is promoted from one class series to a higher class in a different series and over an intervening class in the new series which would have represented a promotion.

(d) When an employee's promotion requires a change of residence to another geographic area to be within a reasonable commuting distance of the new place of work.

(3) When an employee is promoted from a Y-rate salary, the Y-rate shall first terminate, and the promotional increase shall be calculated from the next-lower step of the range for the class from which promoted. The calculation will then be completed as illustrated in 1 or 2 of this section.

(((4) Any promotional increase must result in a salary which is not less than the first, and not more than the top, step of the range for the class to which the employee is promoted.))

(((5))) (4) No assignment pay or other special pay provision, except applicable comparable worth ranges, shall be considered in calculating promotional increases.

(((6))) (5) Promotional increases for T-ranges (teachers and principals) are not calculated in the manner described ((above)) in the compensation plan.

(((7))) (6) An employee who is working in a position which is included in an approved class series study, and who accepts a promotion within that agency to a classification impacted by the same study, shall be paid not less than the salary that would have been paid if the employee had remained in the former position and benefited from an upward reallocation. The new higher salary must be on a step within the range for the new class to which the employee is promoted, and shall be effective on the effective date of the class study.

(((8) The salary of any employee who, after June 30, 1990, was promoted to a class whose range has a higher top step than that of the former class, and who received less promotional increase than is provided under subsection 1 or 2 of this section, shall be recalculated. Effective September 16, 1990, such salary shall move to the even step of the range which would result if the promotion had occurred that day.

If such employee has received a periodic increment increase since June 30, 1990, the base salary on September 16, 1990, shall be not less than if the increment date had occurred on September 16, 1990.))

(((9))) (7) Promotional increases for (("N" ranges)) ((())classes requiring licensure as a registered nurse(())) ("N" ranges) are ((not)) calculated in the manner described ((above)) below.

An employee who is promoted into or between classes which have special pay range "N" shall advance to the step in the new range, as shown in the "N" range salary schedule, which represents the greater of (a), (b) or (((b))) (c) below.

(a) Placement on the step which coincides with the employee's total length of experience as a registered nurse (RN) and/or licensed practical nurse (LPN). Experience shall be credited as follows:

(i) RN experience shall be credited year for year.

(ii) Up to ten years LPN experience shall be credited at the rate of two years LPN experience equals one year of RN experience, for a maximum credit of five years.


or

(b) Placement on the step of the new range which is nearest to a minimum of 5% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 5% increase, but the amount must be on a step within the salary range for the class.


or

(c) The appointing authority shall advance an employee who is promoted under any one or more of the following conditions to the step of the range for the new class which is nearest to a minimum of 10% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 10% increase, but the amount must be on a step within the salary range for the class.

(i) When the employee is promoted to a class whose base range is six or more ranges higher than the base range of the employee's former class.

(ii) When the employee is promoted over an intervening class in the same class series.

(iii) When the employee is promoted from one class series to a higher class in a different series and over an intervening class in the new series which would have represented a promotion.

(iv) When an employee's promotion requires a change of residence to another geographic area to be within a reasonable commuting distance of the new place of work.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-23-030 (Order 361), 356-14-140, filed 11/14/90, effective 12/15/90. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-14-140, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 80-03-024 (Order 141), 356-14-140, filed 2/19/80; 79-10-064 (Order 133), 356-14-140, filed 9/18/79; 78-06-017 (Order 120), 356-14-140, filed 5/12/78; Order 109A, 356-14-140, filed 10/6/77, effective 11/6/77; Order 109, 356-14-140, filed 9/7/77; Order 36, 356-14-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-139.]

Washington State Code Reviser's Office