EMPLOYMENT SECURITY DEPARTMENT

[Filed February 14, 2025, 2:10 p.m., effective March 17, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The employment security department is adopting new rules and amendments regarding the long-term services and supports trust program (WA Cares fund) to implement a portion of SHB 2467, which passed into law during the 2024 legislative session. The adopted rules implement a portion of the bill that was codified in RCW 50B.04.180 by defining "out-of-state participant." The adopted rules also add additional program definitions, outline qualified individual requirements and determinations, and further align the WA Cares fund and paid family and medical leave appeals processes.

Citation of Rules Affected by this Order: New WAC 192-900-040 Out-of-state participant, 192-900-045 Qualified individual, 192-900-050 Year, 192-940-005 Earning years to become a qualified individual, and 192-940-010 How will the department determine if someone is a qualified individual?; and amending WAC 192-925-015 Sections of general procedural rules for appeal under chapter 192-800 WAC apply.

Statutory Authority for Adoption: RCW 50B.04.020.

Adopted under notice filed as WSR 25-01-166 on December 18, 2024.

A final cost-benefit analysis is available by contacting Janette Benham, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-790-6583, Washington relay 711 (contact Teresa Eckstein at 360-507-9890 for accommodations), email rules@esd.wa.gov, website https://paidleave.wa.gov/rulemaking/.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 5, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 1, Repealed 0.

Date Adopted: February 14, 2025.

Policy and Rules Manager

ESPI, Leave and Care Programs

WAC 192-900-040Out-of-state participant.

An individual who has elected coverage under RCW 50B.04.180 is considered an "out-of-state participant."

WAC 192-900-045Qualified individual.

A "qualified individual" is an individual who has met the requirements outlined in RCW 50B.04.050 and chapter 192-940 WAC.

WAC 192-900-050Year.

A "year" for the purpose of qualified individual determinations made by the department under RCW 50B.04.050 means a calendar year, beginning on January 1 and ending on December 31.

AMENDATORY SECTION(Amending WSR 21-17-140, filed 8/18/21, effective 9/18/21)

WAC 192-925-015Sections of general procedural rules for appeal under chapter 192-800 WAC apply.

Per RCW 50B.04.120, appeal procedures under Title 50B RCW must align with the appeal procedures under Title 50A RCW. The following general procedural rules for appeal under the paid family and medical leave program apply to the long-term services and supports trust program:

(1) WAC 192-800-040 What are the timeliness requirements for submitting an appeal or a petition for review?

(2) WAC 192-800-045 Can an appeal be withdrawn?

(3) WAC 192-800-050 What happens after an appeal is submitted?

(4) WAC 192-800-055 Who will be notified if an appeal is filed and what will it include?

(5) WAC 192-800-060 What happens if an appeal or a petition has been filed and one of the parties has a change of contact information?

(6) WAC 192-800-065 How does the time computation work for perfecting an appeal or petition for review?

(7) WAC 192-800-070 Who can give testimony and examine witnesses during an appeal hearing?

(8) WAC 192-800-075 Who can request a postponement of a hearing?

(9) WAC 192-800-080 Will depositions and written discovery be permitted?

(10) WAC 192-800-085 When will administrative law judges hear consolidated cases?

(11) WAC 192-800-090 What is included in decisions issued by the office of administrative hearings?

(12) WAC 192-800-095 Can a decision of the commissioner incorporate a decision under review?

(13) WAC 192-800-100 What is the process for filing petition for review and any reply to the petition for review?

(14) WAC 192-800-105 When and how can an administrative law judge dispose of an appeal?

(15) WAC 192-800-110 What options are available for an aggrieved party who received an order of default?

(16) WAC 192-800-115 What is the process for filing a petition for reconsideration to the commissioner's review office?

(17) WAC 192-800-120 When would the commissioner not issue declaratory orders?

(18) WAC 192-800-125 When is a petition for review considered delivered to the department?

(19) WAC 192-800-155 When are proceedings open to the public, and what information from a proceeding before the appeal tribunal or commissioner is publicly disclosable?

Chapter 192-940 WAC

QUALIFIED INDIVIDUALS

WAC 192-940-005Earning years to become a qualified individual.

(1) The department will determine years earned toward qualified individual status under RCW 50B.04.050 based on wages earned and hours worked in employment as reported under chapter 192-910 WAC or in covered self-employment under chapter 192-915 WAC.

(2) Only hours worked in reportable employment or covered self-employment will be considered when determining whether an individual has worked at least 500 hours each year.

(3) A year toward qualified individual status may be earned once an individual has accrued 500 hours in employment as reported under chapter 192-910 WAC or in covered self-employment as reported under chapter 192-915 WAC.

(4) Wages and hours reported when an individual had an approved exemption do not count toward qualifying for the benefit.

WAC 192-940-010How will the department determine if someone is a qualified individual?

(1) Qualified individual status under RCW 50B.04.050 is determined as follows:

(a) An individual who has earned 10 years toward becoming a qualified individual without a break of five or more consecutive years in that 10 years will be eligible for the full benefit amount. Years with less than 500 hours reported will count toward the break of five or more consecutive years;

(b) An individual who, from the date of application for benefits, has earned three of the last six years toward becoming a qualified individual will qualify for the full benefit amount; or

(c) An individual born before January 1, 1968, who does not qualify under (a) or (b) of this subsection will qualify for one-tenth of the benefit amount for each earned year toward becoming a qualified individual.

(2) An individual who continues to work in employment or in covered self-employment after qualifying for subsection (1) (b) or (c) of this section, or both, may be eligible to earn additional years toward becoming a qualified individual.

(3) An individual may not exceed the maximum lifetime benefit amount under RCW 50B.04.060.

(4) An individual who has an approved exemption cannot become a qualified individual.