WSR 08-09-066



(Public Employees Benefits Board)

[ Order 08-03 -- Filed April 16, 2008, 8:46 a.m. ]

Subject of Possible Rule Making: PEBB rules related to enrollment in chapter 182-08 WAC; eligibility in chapter 182-12 WAC; and appeals in chapter 182-16 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.160.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The main purpose of this rule making is to amend PEBB rules in TITLE 182 WAC and adopt new rules to:

1. Implement legislation expanding participation in PEBB programs to include tribal governments.
2. Implement legislation to expand eligible dependents to include adult children up to age twenty-five.
3. Amend and clarify rules regarding participation, withdrawal, and appeals by certain employing entities.
4. Clarify rules regarding retiree enrollment and eligibility.
5. Amend PEBB rules affected by 2008 legislation (2SHB 3104) concerning certain domestic partnerships.
6. Amend WAC 182-12-133 to reflect a recent amendment to the Family Medical Leave Act.
7. Respond to requests to cancel a member's enrollment based on a legitimate action by the member that warrants disenrollment.
8. Add the dependent care assistance program as a benefit for state agencies and higher education.
9. Amend rules regarding PEBB member appeals.
10. Incorporate criteria for participation by members of a governing board.
In addition to these specific subject areas, health care authority will conduct a full review of PEBB rules in these chapters and make necessary technical corrections.

Process for Developing New Rule: Stakeholder mailing and public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals wishing to receive PEBB rule-making notices are encouraged to join our LISTSERV, PEBB-RULE-MAKING-NOTICE, via this link or by logging on to and selecting our LISTSERV from the public e-mail list.

If you have questions about this rule making, contact Barbara Scott at (360) 923-2642 or Matthew Albright at (360) 923-2629 or Health Care Authority, P.O. Box 42684, Olympia, WA 98504-2684,,

April 16, 2008

Jason Siems

Rules Coordinator

Washington State Code Reviser's Office