WSR 12-02-020

EMERGENCY RULES

EMPLOYMENT SECURITY DEPARTMENT


[ Filed December 27, 2011, 3:14 p.m. , effective January 1, 2012 ]


Effective Date of Rule: January 1, 2012.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: RCW 50.22.010 (2)(c) and (3)(c) provide that the determination of an "on" indicator and of a "high unemployment period" are based on a "look back" at the unemployment rates for the three preceding calendar years. This provision expires on December 31, 2011, or on such subsequent date as provided by the department by rule, consistent with the purposes of the statute. The President has signed the Temporary Payroll Tax Cut Continuation Act of 2011 which extends the "three year look back" provision until February 29, 2012.

Purpose: Consistent with federal law, the rule extends until February 29, 2012, the "three year look back" calculation for determining an "on" indicator under RCW 50.22.010 (2)(c) and determining a "high unemployment period" under RCW 50.22.010 (3)(c).

Statutory Authority for Adoption: RCW 50.12.010, 50.12.040, and 50.22.010.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Determining the extended benefit period based on a three year, rather than a two year, "look back" means that the "off" indicator will not take effect in January 2012 as had been anticipated and extended benefits will be available to unemployed individuals beyond that date.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 27, 2011.

Joel Sacks

Deputy Commissioner


NEW SECTION
WAC 192-240-900   How will the extended benefit period be determined?   As provided in the federal Temporary Payroll Tax Cut Continuation Act of 2011, the use of unemployment rates for the preceding three calendar years is extended until February 29, 2012, for the following:

(1) The determination of an "on" indicator as provided in RCW 50.22.010 (2)(c); and

(2) The determination of a "high unemployment period" as provided in RCW 50.22.010 (3)(c).

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Washington State Code Reviser's Office