WSR 02-18-088



[ Order 02-03 -- Filed September 3, 2002, 10:13 a.m. ]

Date of Adoption: September 3, 2002.

Purpose: The purpose of this rule making is to provide access to the employer contribution for employees placed on mandatory unpaid leave as directed by proviso in section 906, chapter 371, Laws of 2002. WAC 182-12-220 is amended to clarify the requirement for employees to pay their portion of premiums related to medical, optional life and optional LTD.

Citation of Existing Rules Affected by this Order: Amending WAC 182-08-190 and 182-12-220.

Statutory Authority for Adoption: RCW 41.05.160.

Adopted under notice filed as WSR 02-15-178 on July 24, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

September 3, 2002

Melodie H. Bankers

Rules Coordinator


AMENDATORY SECTION(Amending WSR 96-08-042, filed 3/29/96, effective 4/29/96)

WAC 182-08-190   Employer contribution.   (1) Every department, division, or agency of state government, and such county, municipal or other political subdivisions as are covered under the PEBB plans, shall provide premium contributions to the HCA for insurance benefits for its employees and their dependents. State employer contributions shall be set by the HCA and are subject to the approval of the governor. Employer contributions shall include an amount determined by the HCA to pay administrative costs to administer the plans for employees of these groups. Each eligible state employee in pay status for eight or more hours during a calendar month or for each eligible employee on family and medical leave shall be eligible for the employer contribution.

(2) For the period of July 1, 2002, to June 30, 2003, eligible state employees placed on temporary unpaid leave in order to implement the 2002 supplemental appropriations act are not required to have eight hours of pay status in order to maintain eligibility for the employer contribution for each month that they are on mandatory leave.

[Statutory Authority: Chapter 41.05 RCW. 96-08-042, 182-08-190, filed 3/29/96, effective 4/29/96; 93-23-065, 182-08-190, filed 11/16/93, effective 12/17/93; 78-02-015 (Order 2-78), 182-08-190, filed 1/10/78; Order 3-77, 182-08-190, filed 11/17/77.]


AMENDATORY SECTION(Amending WSR 96-08-043, filed 3/29/96, effective 4/29/96)

WAC 182-12-220   Eligibility during appeal of dismissal.   Employees awaiting hearing of a dismissal action before the personnel appeals board, higher education personnel board or court may continue their PEBB coverages by self-payment of premium on the same terms as an employee who is granted leave without pay. If the hearing board or court upholds the dismissal, coverages shall terminate at the end of the month in which the board or court's decision is made. If the hearing board or court sustains the employee in the appeal and directs reinstatement of employer paid coverages retroactively, the employer must forward to the HCA the full employer contribution for the period directed by the hearing board or court. PEBB will refund to the employee any premiums the employee paid that will be provided for ((coverages provided)) by the reinstatement of the employer contribution provided the employee makes retroactive payment of any employee contribution amounts associated with the coverage. All optional life and long term disability insurance which was in force at the time of dismissal shall be reinstated retroactively, provided the employee makes retroactive payment of premium for any such optional coverage which was not continued by self-payment during the appeal process. If the employee chooses not to pay the retroactive premium, evidence of insurability will be required to obtain such optional coverage.

[Statutory Authority: Chapter 41.05 RCW. 96-08-043, 182-12-220, filed 3/29/96, effective 4/29/96; 86-16-061 (Resolution No. 86-3), 182-12-220, filed 8/5/86.]

Washington State Code Reviser's Office