WSR 16-17-091 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed August 18, 2016, 8:18 a.m., effective September 20, 2016] Effective Date of Rule: September 20, 2016.
Purpose: To correct the references from unbroken service date to seniority date for Washington general service and Washington management service employees that are eligible for veteran's preference in a layoff. In accordance with RCW 41.06.133 [(1)](m), an eligible veteran receives a preference in a layoff by having his or her seniority increased by adding up to five years of his or her active military service to the employee's seniority date.
Citation of Existing Rules Affected by this Order: WAC 357-46-060 and 357-58-475.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 16-14-074 on July 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: August 18, 2016.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 10-11-073, filed 5/14/10, effective 6/15/10)
WAC 357-46-060 Does a veteran receive any preference in layoff?
(1) An eligible veteran receives a preference in layoff by having their seniority increased((. This is done by adding the eligible veteran's total active military service, not to exceed five years, to their unbroken service date)) for total active military service, not to exceed five years.
(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, as evidenced by the "DD Form 214" or other official military records, with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.
(4) The surviving spouse or surviving registered domestic partner 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.
AMENDATORY SECTION (Amending WSR 09-17-056 and 09-18-113, filed 8/13/09 and 9/2/09, effective 12/3/09)
WAC 357-58-475 Does a veteran receive any preference in layoff?
(1) An eligible veteran receives a preference in layoff by having ((his/her)) their 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)) for total active military service, not to exceed five years.
(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 surviving spouse or surviving registered domestic partner 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.
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