WSR 07-20-092



[ Filed October 2, 2007, 10:15 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-475 Does a veteran receive any preference in layoff?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on November 8, 2007, at 8:30 a.m.

Date of Intended Adoption: November 8, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail, fax (360) 586-4694, by November 1, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by November 1, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This amendment will eliminate confusion in how seniority preference is defined in Washington general service (WGS) rules and Washington management service (WMS) rules. The current WGS rule says "surviving spouse" and the current WMS rule says "unmarried widow/widower." This change will correct the discrepancy.

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: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; Implementation and Enforcement: Department of personnel.

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

A cost-benefit analysis is not required under RCW 34.05.328.

October 1, 2007

Eva N. Santos


AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)

WAC 357-58-475   Does a veteran receive any preference in layoff?   (1) An eligible veteran receives a preference by having his/her 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.

(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 ((unmarried widow/widower)) surviving spouse 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.

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, 357-58-475, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office